Download e-book for kindle: Aboriginal Customary Law: A Source of Common Law Title to by Ulla Secher

By Ulla Secher

ISBN-10: 1849465533

ISBN-13: 9781849465533

defined as 'ground-breaking' in Kent McNeil's Foreword, this e-book develops an alternate method of traditional Aboriginal name doctrine. It explains that aboriginal popular legislation could be a resource of universal legislation identify to land in former British colonies, whether or not they have been obtained via payment or by means of conquest or cession from one other colonising strength. The doctrine of universal legislation Aboriginal standard identify presents a coherent method of the resource, content material, facts and safeguard of Aboriginal land rights which overcomes difficulties coming up from the legislations as at present understood and results in extra simply effects. The doctrine's applicability in Australia, Canada and South Africa is in particular tested. whereas the jurisprudential underpinnings for the doctrine are in step with primary universal legislation rules, the writer explains that the Australian excessive Court's choice in Mabo presents a broader foundation for the doctrine: a broader foundation that's in line with a re-assessment of case-law from former British colonies in Africa, in addition to from the us, New Zealand and Canada. during this context, the e-book proffers a reconceptualisation of the Crown's identify 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 examine. 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 e-book is an impressive contribution that I anticipate could be influential in transferring criminal considering on Indigenous land rights in revolutionary new directions.' From the Foreword by means of 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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