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Author: Edward George Wensing
Publisher:
ISBN:
Category : Aboriginal Australians
Languages : en
Pages : 64
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Book Description
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.
Author: Edward George Wensing
Publisher:
ISBN:
Category : Aboriginal Australians
Languages : en
Pages : 64
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Book Description
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.
Author: P. G. McHugh
Publisher: OUP Oxford
ISBN: 0191018546
Category : Law
Languages : en
Pages : 1529
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Book Description
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:
Category : Aboriginal Australians
Languages : en
Pages : 556
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Book Description
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.
Author: Christopher Gerard Sexton
Publisher: ATF Press
ISBN: 1925679063
Category : Religion
Languages : en
Pages : 376
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Book Description
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.
Author: Parmita Kapadia
Publisher: Routledge
ISBN: 1317089839
Category : Literary Criticism
Languages : en
Pages : 258
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Book Description
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.
Author: Louis A. Knafla
Publisher: UBC Press
ISBN: 0774859296
Category : Law
Languages : en
Pages : 280
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Book Description
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.
Author: Benjamin J Richardson
Publisher: Bloomsbury Publishing
ISBN: 1509969047
Category : Law
Languages : en
Pages : 377
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Book Description
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.
Author: Will Sanders
Publisher: ANU Press
ISBN: 1760460044
Category : Social Science
Languages : en
Pages : 329
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Book Description
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.
Author: Max Deutscher
Publisher: Routledge
ISBN: 1317117824
Category : Political Science
Languages : en
Pages : 243
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Book Description
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.
Author: Susan Thompson
Publisher: Cambridge University Press
ISBN: 1107380251
Category : Social Science
Languages : en
Pages : 459
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Book Description
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.
