Coverart for item
The Resource Aboriginal title : the modern jurisprudence of tribal land rights, P.G. McHugh

Aboriginal title : the modern jurisprudence of tribal land rights, P.G. McHugh

Label
Aboriginal title : the modern jurisprudence of tribal land rights
Title
Aboriginal title
Title remainder
the modern jurisprudence of tribal land rights
Statement of responsibility
P.G. McHugh
Creator
Subject
Language
eng
Summary
Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it
Cataloging source
NFDC
http://library.link/vocab/creatorDate
1958-
http://library.link/vocab/creatorName
McHugh, Paul G.
Dewey number
KN72.4 MCH
Index
index present
LC call number
K738
LC item number
.M39 2011
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • Indigenous peoples
  • Native title (Australia)
  • Indian title
  • Maori (New Zealand people)
Label
Aboriginal title : the modern jurisprudence of tribal land rights, P.G. McHugh
Instantiates
Publication
Bibliography note
Includes bibliographical references (p. [341]-349) and index
Contents
1: Profile of a modern jurisprudence: an idea whose time had come -- 2: Common Law Aboriginal Title and its pipers at the gate of dawn - gestation (1970s) and breakthrough (1980s) -- 3: Doctrinal pathways in Canada and Australia - the devil in the detail of a maturing jurisprudence -- 4: Aboriginal title in the new century and new contexts: fraternal impact, international influence -- 5: Aboriginal title within and across disciplinary boundaries - anthropologists, historians and political philosophers 6: Aboriginal title - diagnosis and prognosis
Control code
000047752123
Dimensions
24 cm.
Extent
xix, 356 p.
Isbn
9780199699414
Isbn Type
(cloth : alk. paper)
Lccn
2011933691
Other control number
40019993221
System control number
(OCoLC)733232206
Label
Aboriginal title : the modern jurisprudence of tribal land rights, P.G. McHugh
Publication
Bibliography note
Includes bibliographical references (p. [341]-349) and index
Contents
1: Profile of a modern jurisprudence: an idea whose time had come -- 2: Common Law Aboriginal Title and its pipers at the gate of dawn - gestation (1970s) and breakthrough (1980s) -- 3: Doctrinal pathways in Canada and Australia - the devil in the detail of a maturing jurisprudence -- 4: Aboriginal title in the new century and new contexts: fraternal impact, international influence -- 5: Aboriginal title within and across disciplinary boundaries - anthropologists, historians and political philosophers 6: Aboriginal title - diagnosis and prognosis
Control code
000047752123
Dimensions
24 cm.
Extent
xix, 356 p.
Isbn
9780199699414
Isbn Type
(cloth : alk. paper)
Lccn
2011933691
Other control number
40019993221
System control number
(OCoLC)733232206

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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