Aboriginal Title: The Modern Jurisprudence of Tribal Land Rights

Hardcover | September 18, 2011

byP.G. McHugh

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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 justiciableproperty 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 Australiaby 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 thecourts, 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 paradigmlocated 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 surfacedmore overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.

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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 justiciableproperty rights over their traditional land...

P.G. McHugh is a New Zealander whose pioneering work has been at the forefront of this field. After graduating LLB (Hons, first class) from Victoria University of Wellington he completed an LLM at the University of Saskatchewan (1981) and a PhD at the University of Cambridge (winner of Yorke Prize 1988) for his dissertation "The aborig...

other books by P.G. McHugh

Format:HardcoverDimensions:376 pages, 9.21 × 6.14 × 1.07 inPublished:September 18, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199699410

ISBN - 13:9780199699414

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Table of Contents

1. Profile of a modern jurisprudence: an idea whose time had come2. 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 jurisprudence4. Aboriginal title in the new century and new contexts: fraternal impact, international influence5. Aboriginal title within and across disciplinary boundaries - anthropologists, historians and political philosophers6. Aboriginal title - diagnosis and prognosis