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Author Secher, Ulla, author.

Title Aboriginal customary law : a source of common law title to land / Ulla Secher.

Publication Info. Oxford, UK : Hart Publishing, 2014.

Item Status

Description 1 online resource
Bibliography Includes bibliographical references and index.
Summary "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."--Bloomsbury Publishing
Contents Cover; Half-title; Title; Copyright; Dedication; Foreword; Preface; Acknowledgements; Contents; Table of Cases; Table of Legislation; Introduction; Part I: Australian Land Law and the Meaning of Radical Title Pre-Mabo; Chapter One: The Origin and Application of the Doctrine of Absolute Crown Ownership in Australia: The Common Law 1788-1992; I The Feudal Basis of Land Law in England; A Germ of the Doctrine of Tenure; i Folkland; ii Bookland; iii Folkland: Private Property or Public Property?; iv Laenland; v Summary; B The Norman Conquest: Establishment of Feudal Tenure.
C 'Exceptions' to the Doctrine of Tenurei Allodial Land; ii Recognition of Customary Law Rights to Land: Tenure in Ancient Demesne; iii The Estate Pur Autre Vie; iv Adverse Possession; v Ecclesiastical Tenures; vi Summary; II The Reception of Land Law into the Australian Colonies; A The English Doctrine of Tenure in 1788; B The Doctrine of Reception; i Milirrpum v Nabalco Pty Ltd: Non-Feudal Rights in Land; III Conclusion; Chapter Two: The Meaning of Radical Title Pre-Mabo; I The Meaning of Radical Title: The Leading Privy Council Authorities (Re)Examined.
A St Catherine's Milling and Lumber Co v RB Amodu Tijani v Secretary, Southern Nigeria; C Re Southern Rhodesia; II International v Municipal Law: American Authority; A Johnson v M'Intosh; B Cherokee Nation v Georgia; C Worcester v Georgia; III New Zealand Authority; A R v Symonds; B Wi Parata v Bishop of Wellington: International Law Revisited; C Nireaha Tamaki v Baker; IV Conclusion; Part II: The Doctrine of Tenure and the Juridical Consequences of the Colonial Law Classification of an 'Inhabited' Colony as 'Settled' Re-examined Post-Mabo.
Chapter Three: The Doctrine of Tenure and the Common Law Consequences of the Classification of an 'Inhabited' Colony as 'Settled' Post-Mabo: Emergence of the Doctrine of Tenure ad Veritatem and the Doctrine of Continuity Pro-TemporeI Radical Title as the Postulate of the Doctrine of Tenure ad Veritatem; A Mabo: The Decision; B The Feudal Basis of Land Law Revisited; C Summary; II The Reception of Land Law into the Australian Colonies Revisited; A Constitutional Status of Australia: An Inhabited Settled Colony; B The Continuity and Recognition Doctrines Revisited.
C Royal Prerogative Powers in the Coloniesi Conquered/Ceded Colonies; ii Inhabited Settled Colonies; D Relevance of Kent McNeil's Original Thesis; III Post-Mabo Developments; A High Court Decisions; B Native Title Legislation; IV Conclusion; Part III: The Meaning of Radical Title in Post-Mabo Australian Jurisprudence; Chapter Four: Radical Title and Unalienated Land Post-Mabo; I Automatic Expansion of Radical Title in Respect of Original Unalienated Land: Brennan J's Reliance on the 'No Other Proprietor' Principle (Radical Title as a Concomitant of Sovereignty).
A Beneficial Ownership of Original Unalienated Land? The 'No Other Proprietor' Principle: New Legal Fiction Replacing the Feudal Fiction of Original Crown Ownership -- Attorney-General (NSW) v Brown Revisited.
Local Note eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America
Subject Land tenure -- Law and legislation -- Australia.
Aboriginal Australians -- Legal status, laws, etc.
Customary law -- Australia.
Property law.
LAW -- Administrative Law & Regulatory Practice.
Aboriginal Australians -- Legal status, laws, etc.
Customary law.
Land tenure -- Law and legislation.
Genre/Form Electronic books.
Other Form: Print version: Secher, Ulla. Aboriginal Customary Law: A Source of Common Law Title to Land. London : Bloomsbury Publishing, ©2014 9781849465533
ISBN 9781782253761 (electronic bk.)
1782253769 (electronic bk.)
9781474202015 (ebook)