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Item Details
| Title:
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THE TROUBLE WITH TRADITION
NATIVE TITLE AND CULTURAL CHANGE |
| By: |
Simon Young |
| Format: |
Hardback |
| List price:
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£120.00 |
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We believe that this item is permanently unavailable, and so we cannot source
it.
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| ISBN 10: |
1862876479 |
| ISBN 13: |
9781862876477 |
| Publisher: |
FEDERATION PRESS |
| Pub. date: |
1 December, 2007 |
| Pages: |
528 |
| Description: |
Presents an analysis of native title in the common law world since McNeil's Common Law Aboriginal Title in 1989. Through a broad and detailed examination of the jurisprudence across Australia, USA, New Zealand and Canada, this book argues that the Australian preoccupation with "tradition" is a deeply flawed approach. |
| Synopsis: |
This book is a broad and detailed examination of the 'native title' jurisprudence accross four countries: Australia, USA, New Zealand and Canada. It contends that while this jurisprudence has largely converged, the Australian courts have gone badly awry showing an undue preoccupation with 'tradition', the accidental effect of which is to debar indigenous change. Dr Young argues for a reconceptualisation: a clear recognition of the natural distinctions between 'rights' and 'title' and between 'communal' and 'inter se' Indigenous interests. This he claims, would avoid the many technical problems and unfortunate consequences thrown up by current case law. |
| Publication: |
Australia |
| Imprint: |
Federation Press |
| Returns: |
Returnable |
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