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Books > Social sciences > Sociology, social studies > Ethnic studies > Indigenous peoples
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Aboriginal Title - The Modern Jurisprudence of Tribal Land Rights (Hardcover)
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Aboriginal Title - The Modern Jurisprudence of Tribal Land Rights (Hardcover)
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Aboriginal title represents one of the most remarkable and
controversial legal developments in the common law world of the
late-twentieth century. Overnight it changed the legal position of
indigenous peoples. The common law doctrine gave sudden substance
to the tribes' claims to justiciable property rights over their
traditional lands, catapulting these up the national agenda and
jolting them out of a previous culture of governmental inattention.
In a series of breakthrough cases national courts adopted the
argument developed first in western Canada, and then New Zealand
and Australia by a handful of influential scholars. By the
beginning of the millennium the doctrine had spread to Malaysia,
Belize, southern Africa and had a profound impact upon the rapid
development of international law of indigenous peoples' rights.
This book is a history of this doctrine and the explosion of
intellectual activity arising from this inrush of legalism into the
tribes' relations with the Anglo settler state. The author is one
of the key scholars involved from the doctrine's appearance in the
early 1980s as an exhortation to the courts, and a figure who has
both witnessed and contributed to its acceptance and subsequent
pattern of development. He looks critically at the early
conceptualisation of the doctrine, its doctrinal elaboration in
Canada and Australia - the busiest jurisdictions - through a
proprietary paradigm located primarily (and constrictively) inside
adjudicative processes. He also considers the issues of
inter-disciplinary thought and practice arising from national legal
systems' recognition of aboriginal land rights, including the
emergent and associated themes of self-determination that surfaced
more overtly during the 1990s and after. The doctrine made modern
legal history, and it is still making it.
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