payment

Call For Inquiries:
905 883 0343
Home  »  NATIVE STUDIES & ABORIGINAL LAW  »  Aboriginal Customary Law

ABORIGINAL CUSTOMARY LAW

Aboriginal Customary Law

Aboriginal Customary Law: A Source of Common Law Title to Land
First Edition
Hardback
March 2014
9781849465533
534 pages

Ulla Secher

Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity.



'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.'

Ulla Secher is a Visiting Fellow with the Faculty of Law at the University of New South Wales, Sydney, Australia. She was admitted as a Barrister of the Supreme Court of Queensland in 1998.


Details


9781849465533

$180.00  Save 10%


Prices can change without notice. Current prices will be charged.

We being an International Company, can procure/search/Research all kinds of publications,Print or electronic, from any part of the world. Our experience takes us back to 1976



This is a non- returnable product
Contact us via our email to send you a list of similar other titles.

Would you like us to find other books not listed in our website?
Please contact us by email.

Contact Us
by email:
sales@ippbooks.com
by phone:
905 883 0343



  Add to cart Add to wish list

SEND TO FRIEND




PRODUCT RATING


CUSTOMER REVIEWS

There have been no reviews for this product.

qsearch

Book Search A-Z


No products


Array
A must for any Public Safety Legal Department. I will recommend it strongly, being in the Legal Profession
star_4 star_4 star_4 star_4 star_4
See All Reviews
08/22/2017
Receive updates and Reviews on the new, forthcoming and recent publications

Previous news
Your e-mail:

Type the characters you see in the picture. (If you do not see any picture here, please enable images in your web browser options and refresh this page):

Get a different code