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The Trouble with Tradition

The Trouble with Tradition
 

This book is a broad and detailed examination of the native title' jurisprudence in the US, Canada, New Zealand and Australia, with a specific focus on the handling of Indigenous community change' in each country's case law.

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ISBN 9781862876477
Barcode 9781862876477
Published 16 January 2008
Format Hardback
Author(s) By Young, Simon
Availability Available at publisher; ships 6-14 working days

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Full details for this title

ISBN-13 9781862876477
ISBN-10 1862876479
Stock Available
Status Available at publisher; ships 6-14 working days
Publisher unlisted
Imprint Federation Press
Publication Date 16 January 2008
International Publication Date 1 December 2007
Publication Country Australia Australia
Format Hardback
Author(s) By Young, Simon
Category Indigenous Peoples
Social Law
NZ, Maori & Pasifika
Australian
New Zealand & Related
Number of Pages 480
Dimensions Not specified
Weight 940g
Interest Age 19+ years
Reading Age 19+ years
Library of Congress Land tenure
NBS Text National Law: Professional
ONIX Text College/higher education;Professional and scholarly
Dewey Code 346.94073208
Catalogue Code Not specified

Description of this Book

This book is the most fundamental analysis of native title in the common law world since McNeil's Common Law Aboriginal Title in 1989. Through a broad and detailed examination of the jurisprudence across Australia, USA, New Zealand and Canada, it argues that the Australian preoccupation with 'tradition' is a deeply flawed approach. Dr Young points to many technical problems and a raft of unfortunate consequences for Indigenous people. He contends for a fundamental rethink. "Dr. Young's book fills a huge gap in the legal understanding of Indigenous land rights...While his focus is on Australia, the book's comparative approach extends its relevance to all common law jurisdictions that are inhabited by Indigenous peoples. Everyone who is concerned with Indigenous rights - Indigenous leaders, judges, lawyers, land-claims negotiators, policy makers - will benefit enormously from reading it." - Professor Kent McNeil "Dr Young has undertaken a comprehensive analysis of the 'traditional laws and customs' focus that dominates the recognition of native title in Australian law - but the importance of his work extends far beyond the legal sphere.In showing how the 'tradition' approach is not supported by the weight of legal principle and is out of step with overseas precedent, he opens the way for a reconsideration of how Indigenous rights to land are, and should be, recognised. " - Ambelin Kwaymullina

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Awards, Reviews & Star Ratings

NZ Review Dr. Young's book fills a huge gap in the legal understanding of Indigenous land rights. As he convincingly shows, muddled thinking and lack of precision in judicial decisions can have devastating effects for Indigenous peoples. [His] detailed comparative analysis ... provides an indispensable resource for deepening understanding. While his focus is on Australia, the book's comparative approach extends its relevance to all common law jurisdictions that are inhabited by Indigenous peoples. Everyone who is concerned with Indigenous rights - Indigenous leaders, judges, lawyers, land-claims negotiators, policy makers - will benefit enormously from reading it. - Professor Kent McNeil

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Author's Bio

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