Law and custom - 'Tradition': the assembly of a legal microscope [submitted to Australian Law Reform Commission]
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Title | Law and custom - 'Tradition': the assembly of a legal microscope [submitted to Australian Law Reform Commission] |
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Report Type | Other |
Authors | |
Author | Young, Simon |
Institution of Origin | University of Western Australia |
Number of Pages | 30 |
Year | 2009 |
Publisher | Unpublished |
Web Address (URL) | http://www.atns.net.au/page.asp?PageID=2S 223 |
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. |
Keywords | native title |
ANZSRC Field of Research 2020 | 480604. Property law (excl. intellectual property law) |
450599. Aboriginal and Torres Strait Islander peoples, society and community not elsewhere classified | |
480302. Comparative law | |
Public Notes | 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. |
Byline Affiliations | University of Western Australia |
https://research.usq.edu.au/item/q282x/law-and-custom-tradition-the-assembly-of-a-legal-microscope-submitted-to-australian-law-reform-commission
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Young_ALRC_Submission_Section_223_Native_Title_Act_2014.pdf | ||
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