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This chapter considers the effects of varying levels of disputation on terminologies within the domains of kinship and land tenure. It compares reconstructions of disputation in precolonial Australia with materials on patterns of disputation over the postcolonial period. Precolonially, reconstructions agree that kinship terminologies across Australia were used to frame marriage claims, and involved a high level of disputation (Keen 1982; Merlan 1988). Given the prominence of kinship terminologies in marriage disputes, inconsistencies between and indeterminacies within terminologies were highlighted over time and more likely to be addressed. In contrast, reconstructions agree that land tenure was rarely presented as an overt cause of disputation (Stanner 1979, p. 233; Sutton 1978, pp. 77–8). Therefore, inconsistencies and indeterminacies were less foregrounded and subsequently less likely to be addressed.

Disputation, Kinship and Land Tenure in Western Arnhem Land