The Resource The trouble with tradition : native title and cultural change, Simon Young

The trouble with tradition : native title and cultural change, Simon Young

The trouble with tradition : native title and cultural change
The trouble with tradition
Title remainder
native title and cultural change
Statement of responsibility
Simon Young
Comparative analysis of the "... handling of cultural change in the 'native title' jurisprudence of the United States, Canada, New Zealand and Australia. More specifically it is a critical and comparative examination of the role assigned to 'traditional law and customs' in the Australian case law ..." [author, p.xxiii]; discusses the ambiguities and inconsistencies in the Mabo judgment which have led to the High Court, in subsequent decisions, "to require undue specificity in the definition of Indigenous rights and interests, and to place too much emphasis on constancy in their continuity in their existence over time" [Kent McNeil, p. xiv]; Australian courts have diverged from the legal precedents established overseas; contends that the prevailing Australian methodology suffers from technical problems that will have "grievous consequences" for Indigenous Australians; suggests the alternative methodology that will accommodate Indigenous change in a principled manner, is to be found "in a clear recongition of the natural distinctions between 'rights' and 'title' and between 'communal' and 'inter se' Indigenous interests [author p. xxiv]
Cataloging source
Dewey number
index present
Literary form
non fiction
Nature of contents
The trouble with tradition : native title and cultural change, Simon Young
Includes bibliographical references and index
  • MAIN
Dedication -- Forward / Kent McNeil -- Livign together in country / Ambelin Kwaymullina -- Preface -- Acknowledgements -- Table of cases and guide to citations -- Table of Statutes -- Pt 1: The comparative context: Native title in Australia; A snapshot of key comparative jurisdictions; A defence of comparative analysis -- Pt 2: The conceptualisation of native title in the key comparative jurisdictions: the United States; Canada; New Zealand; The basic tenets of the comparative doctrines -- Pt 3: Mabo revisited: pre-Mabo precedent; Laws, customs and "tradition" in the original Mabo decision -- Pt 4: Post-Mabo: the Australian anomaly: statutory intervention; Continuing encouragement for the "Laws and customs" focus; The excesses in the Australian case law; Pt 5: A reinterpretation of the Australian native title doctrine: a final critique of the stricter Australian approach; Glimpses of a less "tradition"-focused methodology; Three-point plan: a way forward for native title in Australia
Control code
25 cm.
xli, 483 p.
Isbn Type

Library Locations

    • Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)Borrow it
      51 Lawson Cres, Acton, ACT, 2601, AU
      -35.292556 149.118617
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