Young, Simon ORCID: https://orcid.org/0000-0002-8835-7164
(2009)
Law and custom - 'Tradition': the assembly of a legal microscope [submitted to Australian Law Reform Commission].
Other monograph.
Unpublished
.
[Report]
|
Text
Young Section 223 Native Title Act ALRC Submission 2014.pdf Download (577kB) | Preview |
|
|
Text (ALRC Submission)
Young_ALRC_Submission_Section_223_Native_Title_Act_2014.pdf Download (543kB) | Preview |
Abstract
The strict 'tradition'-focused approach to the definition of native title unpicks the enormous potential of this important phase of Australian legal history. It is inconsistent with continuing external pressures on Indigenous communities to adapt and participate, and makes loss of tradition both a product and a cause of dispossession. The author suggests the 'de-particularisation' of the Australian methodology, properly recognising the logical conceptual distinctions between 'rights' and 'title', and between 'communal' and 'inter se' interests.
![]() |
Statistics for this ePrint Item |
Actions (login required)
![]() |
Archive Repository Staff Only |