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

Annandale, N.S.W. : Federation Press, 2008.

59402

Native title (Australia)

Aboriginal Australians -- Land tenure.

Land tenure -- Law and legislation -- Australia.

Indigenous peoples -- Land tenure -- Law and legislation.

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Native title in Australia

A snapshot of the key comparative jurisdictions

A defence of comparative analysis

The United States

Canada

New Zealand

The basic tenets of the comparative doctrines

Pre-Mabo precedent

Laws, customs and tradition in the original Mabo decision

Statutory intervention

Continuing encouragement for the laws and customs focus

The excesses in the Australian case law

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

Concluding comments.

This book provides a fundamental analysis of native title in the common law world and promotes a reconsideration of the way in which indigenous rights to land are recognised.

Table of contents and index are taken from the published work with the permission of the publisher.

Includes bibliographical references and index.

9781862876477

xli, 483 p. ; 25 cm