Rescuing indigenous land ownership: Revising Locke's account of original appropriation through cultivation

As part of his account of original appropriation, John Locke famously argued that uncultivated land was open to acquisition. Historically, this account has played a large role in justifying the seizure of indigenous land. In this article, I contend that despite the past acts of dispossession Locke's account seemingly justified, a complete rejection of Locke's idea of original appropriation would be a mistake since a generalised account can be constructed that does not subvert indigenous ownership. I also contend that the revised account can be used to critique the current legal and political situation regarding native title in Australia.