Cultural timelessness and colonial tethers: Australian native title in historical and comparative perspective
Article
Young, Simon. 2008. "Cultural timelessness and colonial tethers: Australian native title in historical and comparative perspective." Australian Indigenous Law Review. 12, pp. 60-68.
| Article Title | Cultural timelessness and colonial tethers: Australian native title in historical and comparative perspective |
|---|---|
| ERA Journal ID | 35418 |
| Article Category | Article |
| Authors | Young, Simon |
| Journal Title | Australian Indigenous Law Review |
| Journal Citation | 12, pp. 60-68 |
| Number of Pages | 9 |
| Year | 2008 |
| Place of Publication | Sydney, Australia |
| ISSN | 1835-0186 |
| Web Address (URL) | http://www.austlii.edu.au/au/journals/AUIndigLawRw/2008/15.html |
| 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'. |
| Keywords | native title; Australia; indigenous land rights; traditional owners |
| 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 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. |
| Byline Affiliations | University of Western Australia |
| Institution of Origin | University of Southern Queensland |
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