Aboriginal Customary Law: A Source of Common Law Title to Land

Nonfiction, Reference & Language, Law, Property
Cover of the book Aboriginal Customary Law: A Source of Common Law Title to Land by Dr Ulla Secher, Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Dr Ulla Secher ISBN: 9781782253778
Publisher: Bloomsbury Publishing Publication: December 1, 2014
Imprint: Hart Publishing Language: English
Author: Dr Ulla Secher
ISBN: 9781782253778
Publisher: Bloomsbury Publishing
Publication: December 1, 2014
Imprint: Hart Publishing
Language: English

Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).

More books from Bloomsbury Publishing

Cover of the book The Politics of International Criminal Justice by Dr Ulla Secher
Cover of the book How to Ditch Your Fairy by Dr Ulla Secher
Cover of the book Wildefire by Dr Ulla Secher
Cover of the book My First Coup d'Etat by Dr Ulla Secher
Cover of the book Wellington's Specialist Troops by Dr Ulla Secher
Cover of the book The Great British Road Rides Guide by Dr Ulla Secher
Cover of the book Fashion Drawing by Dr Ulla Secher
Cover of the book Britain's X-traordinary Files by Dr Ulla Secher
Cover of the book The American Civil War (3) by Dr Ulla Secher
Cover of the book Negotiating International Water Rights by Dr Ulla Secher
Cover of the book Out of Step by Dr Ulla Secher
Cover of the book Reeds Vol 8 General Engineering Knowledge for Marine Engineers by Dr Ulla Secher
Cover of the book Beryl Bainbridge by Dr Ulla Secher
Cover of the book Priscian: Answers to King Khosroes of Persia by Dr Ulla Secher
Cover of the book Pumpkin Power: A Bloomsbury Young Reader by Dr Ulla Secher
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy