The trouble with tradition: native title and cultural change

Young, Simon (2008) The trouble with tradition: native title and cultural change. Federation Press, Sydney, Australia. ISBN 978-16287-647-7


This book is the most fundamental analysis of native title in the common law world since McNeil's Common Law Aboriginal Title in 1989. Through a broad and detailed examination of the jurisprudence across Australia, USA, New Zealand and Canada, it argues that the Australian preoccupation with 'tradition' is a deeply flawed approach. Dr Young points to many technical problems and a raft of unfortunate consequences for Indigenous people. He contends it is time for a fundamental rethink.

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Item Type: Book (Commonwealth Reporting Category A)
Refereed: Yes
Item Status: Live Archive
Additional Information: © 2008 Federation Press. Permanent restricted access to published version in accordance with the copyright policy of the publisher.
Faculty/School / Institute/Centre: Historic - Faculty of Business - School of Law
Date Deposited: 13 Aug 2014 12:17
Last Modified: 14 Sep 2016 03:15
Uncontrolled Keywords: native title; land rights; Australia; indigenous Australians; legal interpretation; Terra Nullius; Mabo
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180124 Property Law (excl. Intellectual Property Law)
18 Law and Legal Studies > 1801 Law > 180101 Aboriginal and Torres Strait Islander Law
18 Law and Legal Studies > 1801 Law > 180106 Comparative Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified

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