Cultural timelessness and colonial tethers: Australian native title in historical and comparative perspective

Young, Simon (2008) Cultural timelessness and colonial tethers: Australian native title in historical and comparative perspective. Australian Indigenous Law Review, 12. pp. 60-68. ISSN 1323-7756

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Abstract

This article draws the light once again, in the current climate of political change, to the apparent error in the prevailing Australian thinking in native title jurisprudence and its unfolding consequences. It articulates the difficulties in a new and succinct way, and against a backdrop of relevant legal principle from the United States, Canada and New Zealand. It corners some of the historical preconceptions and intellectual traditions that may have contributed to the Australian methodology. And it demonstrates that, while the 'tradition' focus may be well ingrained in the Australian legal psyche, this is one instance in which the law must not be permitted to 'hide in shadows of its own making'.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: This publication is copyright. It may be reproduced in whole or in part for the purposes of study, research, or review, but is subject to the inclusion of an acknowledgment of the source.
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 06 Aug 2014 23:08
Last Modified: 05 Feb 2015 01:38
Uncontrolled Keywords: native title; Australia; indigenous land rights; traditional owners
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 > 940405 Law Reform
URI: http://eprints.usq.edu.au/id/eprint/25612

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