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PRINTED BOOKS
Author Secher, Ulla.

Title Aboriginal customary law : a source of common law title to land / Ulla Secher.

Published Oxford : Hart Publishing, 2014.

Copies

Location Call No. Status
 UniM Law  KB 130 SECH    AVAILABLE
 UniM Law  KB 130 SECH    AVAILABLE
Physical description xlii, 490 pages ; 25 cm
Bibliography Includes bibliographical references and index.
Contents Part I Australian Land Law and the Meaning of Radical Title Pre-Mabo 7 -- Chapter 1 Origin and Application of the Doctrine of Absolute Crown Ownership in Australia: The Common Law 1788-1992 9 -- Chapter 2 Meaning of Radical Title Pre-Mabo 36 -- Part II Doctrine of Tenure and the Juridical Consequences of the Colonial Law Classification of an 'Inhabited' Colony as 'Settled' Re-examined Post-Mabo 79 -- Chapter 3 Doctrine of Tenure and the Common Law Consequences of the Classification of an 'Inhabited' Colony as 'Settled' Post-Mabo: Emergence of the Doctrine of Tenure ad Veritatem and the Doctrine of Continuity Pro-Tempore 81 -- Part III Meaning of Radical Title in Post-Mabo Australian Jurisprudence 145 -- Chapter 4 Radical Title and Unalienated Land Post-Mabo 147 -- Chapter 5 Radical Title: Lessons from the Sea 197 -- Part IV Practical Implications of the Crown's Radical Title 237 -- Chapter 6 Crown Acquisition of a Plenary Title: The Common Law Record Requirement and Statutory Regimes Regulating the Alienation of Land 239 -- Chapter 7 Doctrine of Common Law Aboriginal Customary Title in Australia and Implications for South Africa 286 -- Chapter 8 Canada: Application and Implications of the Doctrine of Common Law Aboriginal Customary Title 358.
Summary 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.
Subject Land tenure -- Law and legislation -- Australia.
Aboriginal Australians -- Legal status, laws, etc.
Customary law -- Australia.
ISBN 9781849465533 (hbk.)
1849465533