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Monday, July 20, 2020 | History

5 edition of Common law aboriginal title found in the catalog.

Common law aboriginal title

Kent McNeil

Common law aboriginal title

by Kent McNeil

  • 80 Want to read
  • 25 Currently reading

Published by Clarendon Press in Oxford [England] .
Written in English

    Places:
  • Great Britain
    • Subjects:
    • Land tenure -- Law and legislation -- Great Britain -- Colonies.,
    • Customary law -- Great Britain -- Colonies.

    • Edition Notes

      StatementKent McNeil.
      Classifications
      LC ClassificationsKD833 .M36 1989
      The Physical Object
      Paginationxlv, 357 p. ;
      Number of Pages357
      ID Numbers
      Open LibraryOL2042783M
      ISBN 100198252234
      LC Control Number88019565

        Aboriginal Title offers an excellent overall description and original analysis of the common law aboriginal title doctrine. With a detailed record of historical development of the doctrine and a coverage of the most recent developments within the relevant jurisdictions, the book accomplishes a synthesis of the most remarkable and controversial Author: Guihong Wei. 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.

      Aboriginal Title BRIAN SLATTERY Introduction The concept of aboriginal title is an autonomous concept of Canadian common law that bridges the gulf between aboriginal land systems and imported European land systems.1 It does not stem from aboriginal customary law, English common law or French civil law. It coordinates. Cavanagh, ‘Review: Aboriginal Title’ Before the conclusion, the reader of this chapter is then lured into a history of the common law status of colonies, mostly amended from his groundbreaking paper written back in for the Saskatchewan Law Review.7 Reading this section, one wondersCited by: 1.

        Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John . points outinhis book Common Law Aboriginal Title that when European nations were colonising the world in the late 18th century, The European powers sought to fortify shaky claims by whatevermeanstheycould,includingassertionsofdiscovery, symbolicacts ofpossession,papalbulls,thesigningoftreatiesFile Size: KB.


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Common law aboriginal title by Kent McNeil Download PDF EPUB FB2

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 Common law aboriginal title book were acquired by settlement or by conquest or cession from another colonising power.

Examines effects of colonisation on title to land in territories settled by the English; outlines possession and title to land in English law, the Crowns title to land in England; describes methods of acquisition of territorial sovereignty; discusses common law Aboriginal title (native title) and its application in United States, Canada and Australia; mentions Milirrpum v.

1 Aboriginal title/native title is a term referring to the proprietary, customary law interests in land of indigenous communities or ‘first nations’, employed mainly in common law jurisdictions such as Canada, the US, Australia, and New. Common Law Aboriginal Title is a highly specialised and impeccably researched book dealing with the origins and sources of land title.

It would be especially useful for legal professionals preparing land rights claims on behalf of indigenous peoples, and anyone who better wants to understand the supporting role the law played in the 5/5(1).

A common law scheme which sees technical legal events as fatal extinguishment events, Common law aboriginal title book where the fact of Aboriginal traditional connection with the land is maintained, would be perverse law and inconsistent with the compromise in Mabo that the common law recognises Aboriginal law and native title is a product of that recognition where there.

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 Cited by: 4.

Comments. Bibliographic Citation McNeil, Kent. Common Law Aboriginal Title. Oxford: Clarendon Press, by: The British Crown, in the course of extending its sovereignty to overseas territories, acquired many colonies already inhabited by indigenous people who had legal, economic, emotional, and spiritual ties to the land.

In this study, the author details the juridical effect of colonization on land title and use, reaching conclusions which will have broad political and practical repercussions. 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. 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.

This book is a formidable contribution that I expect will be influential in shifting 5/5(1). Two laws, one land (The Law and The Lore) The Aboriginal peoples of Australia had a complex system of law long before the establishment of British law in Australia, their system of law is often referred to as “traditional law”, however “rules of law and norms of politically appropriate behavior were probably not distinguished” (Meggitt, ).

Native title is the designation given to the common law doctrine of Aboriginal title in Australia, which is "the recognition by Australian law that Aboriginal people have rights and interests to their land that come from their traditional laws and customs".

The concept recognises that in certain cases there was and is a continued beneficial legal interest in land held by local Aboriginal. McHugh builds upon earlier literature, in particular the influential Common Law Aboriginal Title by Kent McNeil () and The Land Rights of Indigenous Canadian Peoples by Brian Slattery ().

Yet, whereas those works paved the way for the development and breakthrough of the aboriginal title doctrine and pondered its nature, content, and Author: Katja Göcke. To do so, the author delves into the maze of British and Australian real-property law, by specifically focussing on its origin and application sincein order to show how Aboriginal title can be a source of common law title.

The book is divided into. The United States was the first jurisdiction to acknowledge the common law doctrine of aboriginal title (also known as "original Indian title" or "Indian right of occupancy"). Native American tribes and nations establish aboriginal title by actual, continuous, and exclusive use and occupancy for a "long time." Individuals may also establish aboriginal title, if their ancestors held title as.

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.

This book describes the encounter between the common law legal system and the tribal peoples of North America and Australasia. It is a history of the role of anglophone law in managing relations between the British settlers and indigenous peoples.

That history runs from the plantation of Ireland and settlement of the New World to the end of the. 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.

Aboriginal Peoples and the Law: A Critical Introduction. Jim Reynolds. UBC Press. Find this book: ‘Thoughtful and well-written (though brief!) analysis ’. This was part of the feedback I received in law school in on my Aboriginal Law paper about ‘Aboriginal title’, an Indigenous interest in land recognised by the common law.

This chapter explores the development of Aboriginal title, and juxtaposes this legal concept with common understandings of fee simple title, to see if sense can be made of the idea that both could apply to one common parcel of land (or if the exclusion of one in the face of the other is the likely outcome.)Author: Gordon Christie.

Introduction. "This Is Our Land": Aboriginal Title at Customary and Common Law in Comparative Contexts / Louis A. Knafla Part 1: Sovereignty, Extinguishment, and Expropriation of Aboriginal Title 1 From the US Indian Claims Commission Cases to Delgamuukw: Facts, Theories, and Evidence in North American Land Claims / Arthur Ray/5(3).Aboriginal Title and Indigenous Peoples brings together a distinguished group of scholars who trace how the doctrine of Aboriginal title evolved as indigenous peoples and their laws interacted with settlers and the legal systems that developed in these three common law countries.

Part 1 reveals the historical role that legislatures and courts.The doctrine of common law aboriginal customary title in Australia and implications for South Africa; Canada: application and implications of the doctrine of common law aboriginal customary title; Conclusions.

Summary Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal.