Aboriginal Title: The Modern Jurisprudence of Tribal Land Rights

Aboriginal Title: The Modern Jurisprudence of Tribal Land Rights

by P.G. McHugh

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Overview

Aboriginal Title: The Modern Jurisprudence of Tribal Land Rights by P.G. McHugh

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.

Product Details

ISBN-13: 9780199699414
Publisher: Oxford University Press
Publication date: 12/15/2011
Pages: 376
Product dimensions: 6.40(w) x 9.20(h) x 1.10(d)

About the Author

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 aboriginal rights of the New Zealand Maori at common law." His work has been cited in court judgments and has been influential in policy-setting and resolution of land claims in several jurisdictions where he has acted as occasional independent advisor to governments and tribal bodies. He is known not only as a legal scholar but a legal historian, especially in the field of historiography and the disciplinary interplay of law and history.

Table of Contents

1: Profile of a modern jurisprudence: an idea whose time had come
2: 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 jurisprudence
4: Aboriginal title in the new century and new contexts: fraternal impact, international influence
5: Aboriginal title within and across disciplinary boundaries - anthropologists, historians and political philosophers
6: Aboriginal title - diagnosis and prognosis
1. Profile of a modern jurisprudence: an idea whose time had come
2. 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 jurisprudence
4. Aboriginal title in the new century and new contexts: fraternal impact, international influence
5. Aboriginal title within and across disciplinary boundaries - anthropologists, historians and political philosophers
6. Aboriginal title - diagnosis and prognosis

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