Law and custom - 'Tradition': the assembly of a legal microscope [submitted to Australian Law Reform Commission]

Young, Simon (2009) Law and custom - 'Tradition': the assembly of a legal microscope [submitted to Australian Law Reform Commission]. Other monograph. Unpublished . [Report]

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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.


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Item Type: Report (Other monograph)
Item Status: Live Archive
Additional Information: This was a requested paper delivered and distributed at a the 2009 Native Title Act Workshop: Agreements, Treaties and Negotiated Settlements (ATNS) Project on reform of the Native Title Act which was funded by ARC.
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 25 Jul 2014 07:07
Last Modified: 04 Feb 2015 01:39
Uncontrolled Keywords: native title
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
URI: http://eprints.usq.edu.au/id/eprint/25611

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