Read e-book online Aboriginal Customary Law: A Source of Common Law Title to PDF

By Ulla Secher

ISBN-10: 1849465533

ISBN-13: 9781849465533

defined as 'ground-breaking' in Kent McNeil's Foreword, this booklet develops another method of traditional Aboriginal identify doctrine. It explains that aboriginal everyday legislation could be a resource of universal legislation identify to land in former British colonies, whether or not they have been received by way of payment or via conquest or cession from one other colonising energy. The doctrine of universal legislation Aboriginal primary identify offers a coherent method of the resource, content material, facts and defense of Aboriginal land rights which overcomes difficulties bobbing up from the legislation as at the moment understood and ends up in extra simply effects. The doctrine's applicability in Australia, Canada and South Africa is particularly validated. whereas the jurisprudential underpinnings for the doctrine are in line with basic universal legislation ideas, the writer explains that the Australian excessive Court's selection in Mabo offers a broader foundation for the doctrine: a broader foundation that is in keeping with a re-assessment of case-law from former British colonies in Africa, in addition to from the USA, New Zealand and Canada. during this context, the e-book proffers a reconceptualisation of the Crown's name to land in former colonies and a reassessment of traditional doctrines, together with the doctrine of tenure and the doctrine of continuity. 'With infrequent exceptions ... the present literature doesn't probe as deeply or query basic assumptions as completely as Dr Secher does in her study. She is going to the foundation of the conceptual difficulties round the felony nature of Indigenous land rights and their vulnerability to extinguishment within the former colonial empire of the Crown. This publication is a powerful contribution that I count on can be influential in moving felony pondering on Indigenous land rights in revolutionary new directions.' From the Foreword through Professor Kent McNeil (to learn the Foreword please click the 'sample bankruptcy' link).

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Aboriginal Customary Law: A Source of Common Law Title to Land by Ulla Secher

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