Common Law Aboriginal Title
Tuesday, May 18th, 2010 at
11:11 am
Product Description
The British Crown, in the course of extending its sovereignty to overseas territories, bought many colonies already inhabited by indigenous people who had legal, economic, emotional, and spiritual ties to the land. In this study, the author details the juridical effect of colonization on land title and use, reaching conclusions which will have broad political and practical repercussions for present-day Australia and Canada…. More >>
Tagged with: Aboriginal • Common • Title
Filed under: Beach
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Common Law Aboriginal Title is a highly specialised and impeccably researched book dealing with the origins and sources of land title. It would be especially useful for legal professionals preparing land rights claims on behalf of indigenous peoples, and anyone who better wants to know the supporting role the law played in the dispossession of indigenous people during the age of Imperialism. This book’s importance surpasses that of a mere historical curio, but. It has the potential to secure a more just future for fourth world peoples.
McNeil traces contemporary notions of land tenure and sovereignty back to their historical roots in feudal England. He intricately documents the way in which such notions were used, abused, twisted, perverted and ignored by colonialists in justifying the acquisition of ’savage,’ ‘unsettled’ territory. He comprehensively deals with the international laws relating to conquest, cession and settlement, exposing the indisputable fact that many territory were miscategorised, nearly invariably to the detriment of indigenous people. In so doing, he sets forth a radical challenge to the legal legitimacy of indigenous dispossession. He then proceeds to examine the limited recognition of indigenous title under various regimes during the 20th Century.
Common Law Aboriginal Title provides a battery of highly pertinent legal arguments for anyone wishing to challenge existing legal norms. The High Court of Australia borrowed extensively from this book in its ground-breaking Mabo judgment, in which it overturned 200 yeras of racist precedent. This scholarly book should play an vital part in any future attempt to liberate indigenous people from the terrible historical hang-over of colonialism.
Rating: 5 / 5