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Comparing Native Title And Anglo Australian Land Law
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Book Synopsis Comparing Native Title and Anglo-Australian Land Law by : Edward George Wensing
Download or read book Comparing Native Title and Anglo-Australian Land Law written by Edward George Wensing and published by . This book was released on 1999 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses two sets of rights and interests in land and waters and develops a framework for their comparison at three different levels; environmental, customary and legal; examines factors that influence these rights and interests.
Download or read book Aboriginal Title written by P. G. McHugh and published by OUP Oxford. This book was released on 2011-08-18 with total page 1529 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 justiciable property 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 Australia by 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 the courts, 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 paradigm located 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 surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.
Author :Australia. Law Reform Commission Publisher :Australian Government Publishing Service ISBN 13 : Total Pages :556 pages Book Rating :4.:/5 (6 download)
Book Synopsis The Recognition of Aboriginal Customary Laws by : Australia. Law Reform Commission
Download or read book The Recognition of Aboriginal Customary Laws written by Australia. Law Reform Commission and published by Australian Government Publishing Service. This book was released on 1986 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed examination of the scope for recognition of customary laws through existing common law rules; human rights and problems of relativity of standards; contact experience; constitutional aspects; marriage and family structures; recognition of traditional marriage; protection and distribution of property; child custody, fostering and adoption; the criminal justice system; customary law offences; police investigation and interrogation; issues of evidence and procedure including unsworn statements, juries and interpreters; proof of customary law including scope of expert evidence; taking of evidence including group evidence, secrecy and privileged communications; customary methods of dispute settlement; special Aboriginal courts and justice schemes; relations with police; traditional hunting, fishing and gathering practices; relevant case law and legislation considered throughout.
Book Synopsis A Theology of Land by : Christopher Gerard Sexton
Download or read book A Theology of Land written by Christopher Gerard Sexton and published by ATF Press. This book was released on 2019-07-01 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the face of things, the spirituality of Australia's Aboriginals is hard to reconcile with a spirituality of Christian theology, with its human centrism apt to a Son of God in Man, made flesh in Jesus Christ. Nevertheless this author, Christopher Sexton, a Sydney based lawyer, drew on his deep Catholic theological beliefs and intense dialogue with Aboriginal elders, to find a surprisingly common ground, and in abundance. The creation stories of each lay emphasis on humanity's stewardship for the search and its mystical riches. Here is a book by a Christian lawyer who consulted widely and deeply with our First People's. He found more in common between our distinct spiritualities than might be expected. Proving, once again, that listening deeply to each other will often yield common ground.
Book Synopsis Native Shakespeares by : Parmita Kapadia
Download or read book Native Shakespeares written by Parmita Kapadia and published by Routledge. This book was released on 2016-04-22 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explored in this essay collection is how Shakespeare is rewritten, reinscribed and translated to fit within the local tradition, values, and languages of the world's various communities and cultures. Contributors show that Shakespeare, regardless of the medium - theater, pedagogy, or literary studies - is commonly 'rooted' in the local customs of a people in ways that challenge the notion that his drama promotes a Western idealism. Native Shakespeares examines how the persistent indigenization of Shakespeare complicates the traditional vision of his work as a voice of Western culture and colonial hegemony. The international range of the collection and the focus on indigenous practices distinguishes Native Shakespeares from other available texts.
Book Synopsis Aboriginal Title and Indigenous Peoples by : Louis A. Knafla
Download or read book Aboriginal Title and Indigenous Peoples written by Louis A. Knafla and published by UBC Press. This book was released on 2011-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.
Book Synopsis Before Environmental Law by : Benjamin J Richardson
Download or read book Before Environmental Law written by Benjamin J Richardson and published by Bloomsbury Publishing. This book was released on 2023-10-05 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark book unveils the history of defending Australia's natural environment and examines the subject's legal and political contexts from the birth of the nation in 1901 until the advent of the so-called modern era of environmental regulation in the late 1960s. It rejects the mythology that Australia lacked environmental law before the late 1960s in revealing how many of today's environmental laws, from pollution control to nature conservation, emerged from precedents or events much earlier in the 20th century. This history however reveals a discrepancy between lawmakers' greater efficacy to exploit rather than protect the environment, a discrepancy that grew as nature's backlash intensified in a rapidly degrading continent colonised to build the Australian nation. In exploring these dynamics, the book offers a rich tapestry of case studies illustrated with historic photographs that show the origins of Australia's environmental laws and how they borrowed from international precedents or furnished lessons for other nations. Through its multi-disciplinary enquiry, the book offers scholars and students of environmental law, legal history and the environmental humanities a unique story about the failures and successes in the making of environmental law.
Book Synopsis Engaging Indigenous Economy by : Will Sanders
Download or read book Engaging Indigenous Economy written by Will Sanders and published by ANU Press. This book was released on 2016-04-20 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The engagement of Indigenous Australians in economic activity is a matter of long-standing public concern and debate. Jon Altman has been intellectually engaged with Indigenous economic activity for almost 40 years, most prominently through his elaboration of the concept of the hybrid economy, and most recently through his sustained and trenchant critique of policy. He has inspired others also to engage with these important issues, both through his writing and through his position as the foundation Director of The Australian National University’s Centre for Aboriginal Economic Policy research from 1990 to 2010. The year 2014 saw both Jon’s 60th birthday and his retirement from CAEPR. This collection of essays marks those events. Contributors include long?standing colleagues from the disciplines of economics, anthropology and political science, and younger scholars who have been inspired by Jon’s approach in developing their own research projects. All point to the complexity as well as the importance of engaging with Indigenous economic activity — conceptually, empirically and as a strategic concern for public policy.
Book Synopsis In Sensible Judgement by : Max Deutscher
Download or read book In Sensible Judgement written by Max Deutscher and published by Routledge. This book was released on 2016-05-23 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking its bearings from classic texts including Plato, Kant, Hegel and Arendt this thoughtful and intriguing book provides philosophical reflection on what it is to judge and what judgement achieves alongside, and sometimes in competition with, thinking and willing. Opening with the landmark Mabo High Court case in Australia and with detailed reference to other significant debates of judgement of the twentieth century Max Deutscher seeks to explore and explain approaches to the concepts of what is good, right and legal. Describing a connection between reason and grounds intrinsic to judgement he analyses and explores the tendency towards absolutism that displaces proper judgement. By weaving concrete instances of judgement with philosophical thought Deutscher provides a fascinating phenomenology of practices of judgement that should appeal to all readers with an interest in legal, philosophical and political thought.
Book Synopsis Planning Australia by : Susan Thompson
Download or read book Planning Australia written by Susan Thompson and published by Cambridge University Press. This book was released on 2012-02-17 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: Planning Australia provides a comprehensive introduction to the major issues and activities that constitute urban and regional planning in Australia today. Incorporating contemporary theory and practice, it contextualises planning in terms of its theoretical, ideological and professional foundations. The book adopts an interdisciplinary approach to the subject, underpinned by the principles of sustainability and social equity. It canvasses the history of the discipline, its relationship to broader governance structures and its legislative framework. Fully revised and updated, this edition features new chapters on healthy planning and transport planning. Written in an accessible style and richly illustrated with instructive case study examples, Planning Australia is an indispensable resource for students, practitioners and decision-makers, as well as anyone interested in the history and future of planning in Australia.
Book Synopsis Aboriginal Customary Law: A Source of Common Law Title to Land by : Ulla Secher
Download or read book Aboriginal Customary Law: A Source of Common Law Title to Land written by Ulla Secher and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Described as 'ground-breaking' in Kent McNeil's Foreword, 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. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).
Book Synopsis The Land Question in Neoliberal India by : Varsha Bhagat-Ganguly
Download or read book The Land Question in Neoliberal India written by Varsha Bhagat-Ganguly and published by Taylor & Francis. This book was released on 2020-05-31 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the land question in neoliberal India based on a cohesive framework focusing on socio-legal and judicial interactions in a point of departure from the political-economy approach to land issues. It sheds light on several complex aspects of land matters in India and evolves a critical and multi-dimensional discourse by mapping out exchanges between social and political actors, the State, elites, citizenry, and the legal battle or judicial interpretations on land as right to property. Based on the themes of socio-legal policy and perspective on ‘land’ on the one hand and jurisprudence on the land question on the other, the volume discusses topics such as conclusive land titling; urban land governance; governance of forest land; land-leasing practices, policies, and interventions from the perspective of women; land acquisition policies and laws; how land matters interface with environmental issues; and judicial debates on ‘compensation’ against land acquisitions. It covers a wide range of case studies from all over India by bringing together specialists from across backgrounds. Comprehensive and topical, this book will be useful to scholars and researchers of development studies, political studies, law, sociology, political economy, and public policy, as well as to professionals in NGOs, civil society organisations, think tanks, planning and public administration, lawyers, civil services and training institutes, and judicial and forest academies. Those working on rural and urban land issues in India, land management, land governance, environmental laws and governance, property rights, resource conflicts, social work, and rural development will find this book to be of special interest.
Book Synopsis Australian Urban Policy by : Robert Freestone
Download or read book Australian Urban Policy written by Robert Freestone and published by ANU Press. This book was released on 2024-03-19 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Urban Australia confronts numerous challenges in the 21st century: climate change, housing, transport, greenspace, social inequality, and governance, among them. While state and local governments wrestle with these issues, they are continent wide and require national leadership, direction and participation. As a highly urbanised country without a national approach to urban policy, Australia is an outlier. Contributors to this book argue that this policy gap needs to be addressed. They ask: How have productive, sustainable and liveable cities so far been enhanced? Where have aspirations fallen short or produced negative outcomes? And what approaches are emerging to challenge existing and devise new urban policy settings? In the face of ongoing crises and escalating change, the need for policy to quickly transform urban Australia is daunting. Problems, wicked in their complexity, require innovative, ethical solutions. This book offers new ideas that challenge policy orthodoxy.
Book Synopsis Re-Interpreting Blackstone's Commentaries by : Wilfrid Prest
Download or read book Re-Interpreting Blackstone's Commentaries written by Wilfrid Prest and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection explores the remarkable impact and continuing influence of William Blackstone's Commentaries on the Laws of England, from the work's original publication in the 1760s down to the present. Contributions by cultural and literary scholars, and intellectual and legal historians trace the manner in which this truly seminal text has established its authority well beyond the author's native shores or his own limited lifespan. In the first section, 'Words and Visions', Kathryn Temple, Simon Stern, Cristina S Martinez and Michael Meehan discuss the Commentaries' aesthetic and literary qualities as factors contributing to the work's unique status in Anglo-American legal culture. The second group of essays traces the nature and dimensions of Blackstone's impact in various jurisdictions outside England, namely Quebec (Michel Morin), Louisiana and the United States more generally (John W Cairns and Stephen M Sheppard), North Carolina (John V Orth) and Australasia (Wilfrid Prest). Finally Horst Dippel, Paul Halliday and Ruth Paley examine aspects of Blackstone's influential constitutional and political ideas, while Jessie Allen concludes the volume with a personal account of 'Reading Blackstone in the Twenty-First Century and the Twenty-First Century through Blackstone'. This volume is a sequel to the well-received collection Blackstone and his Commentaries: Biography, Law, History (Hart Publishing, 2009).
Author :Theodore Frank Thomas Plucknett Publisher :The Lawbook Exchange, Ltd. ISBN 13 :1584771372 Total Pages :828 pages Book Rating :4.5/5 (847 download)
Book Synopsis A Concise History of the Common Law by : Theodore Frank Thomas Plucknett
Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Book Synopsis The Making of Australian Property Law by : A. R. Buck
Download or read book The Making of Australian Property Law written by A. R. Buck and published by Federation Press. This book was released on 2006 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1847, in one of the most important cases in Australian legal history, the Chief Justice of NSW, Sir Alfred Stephen, handed down a decision that would have profound implications for both the development of Australian property law and the property rights of the Aboriginal peoples of Australia. The case was Attorney General v Brown, and in his decision Stephen CJ ruled that the laws of property in Australia were governed by feudal principles. The shadow cast by Attorney General v Brown has been a long one, stretching down to the decision in Mabo and beyond. Judicial thinking and much legal scholarship continues to emphasise a connection between the feudal origins of the English law and the state of contemporary Australian property law, thereby perpetuating a "nostalgic" view of Australian property law. This book, in contrast, argues that the feudal imprint on property in Australia had been "washed away" by the early 1860s and that the decades of the early nineteenth century witnessed the making of a distinct Australian property law. Egalitarianism, rather than feudalism, this book argues, shaped the emergence of Australian property law. This book situates legal development in its social and political context, re-evaluating the relationship between political ideas, social values and law reform in early Australia.
Book Synopsis Indigenous People, Crime and Punishment by : Thalia Anthony
Download or read book Indigenous People, Crime and Punishment written by Thalia Anthony and published by Routledge. This book was released on 2013-07-24 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous People, Crime and Punishment examines criminal sentencing courts’ changing characterisations of Indigenous peoples’ identity, culture and postcolonial status. Focusing largely on Australian Indigenous peoples, but drawing also on the Canadian experiences, Thalia Anthony critically analyses how the judiciary have interpreted Indigenous difference. Through an analysis of Indigenous sentencing remarks over a fifty year period in a number of jurisdictions, the book demonstrates how judicial discretion is moulded to dominant white assumptions about Indigeneity. More specifically, Indigenous People, Crime and Punishment shows how the increasing demonisation of Indigenous criminality and culture in sentencing has turned earlier ‘gains’ in the legal recognition of Indigenous peoples on their head. The recognition of Indigenous difference is thereby revealed as a pliable concept that is just as likely to remove concessions as it is to grant them. Indigenous People, Crime and Punishment suggests that Indigenous justice requires a two-way recognition process where Indigenous people and legal systems are afforded greater control in sentencing, dispute resolution and Indigenous healing.
