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

By Ulla Secher

defined as 'ground-breaking' in Kent McNeil's Foreword, this publication develops an alternate method of traditional Aboriginal name doctrine. It explains that aboriginal familiar legislation could be a resource of universal legislation name to land in former British colonies, whether or not they have been received by means of payment or by way of conquest or cession from one other colonising energy. The doctrine of universal legislations Aboriginal conventional identify offers a coherent method of the resource, content material, evidence and defense of Aboriginal land rights which overcomes difficulties bobbing up from the legislations as presently 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 line with primary universal legislations ideas, the writer explains that the Australian excessive Court's choice in Mabo offers a broader foundation for the doctrine: a broader foundation that's in step with a re-examination of case-law from former British colonies in Africa, in addition to from the us, New Zealand and Canada. during this context, the ebook 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 prevailing literature doesn't probe as deeply or query primary assumptions as completely as Dr Secher does in her examine. She is going to the basis of the conceptual difficulties round the criminal nature of Indigenous land rights and their vulnerability to extinguishment within the former colonial empire of the Crown. This ebook is an impressive contribution that I count on could be influential in moving felony pondering on Indigenous land rights in innovative 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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