Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Ancestral Lands Alien Laws PDF full book. Access full book title Ancestral Lands Alien Laws.
| Author | : Brian Slattery |
| Publisher | : [Saskatoon] : University of Saskatchewan Native Law Centre |
| Total Pages | : 45 |
| Release | : 1983-01-01 |
| Genre | : Aboriginal Australians |
| ISBN | : 9780888801005 |
Explores the principal ways in which North American and Commonwealth courts have traditionally approached the question of aboriginal land rights.
| Author | : Bruce Alden Cox |
| Publisher | : McGill-Queen's Press - MQUP |
| Total Pages | : 316 |
| Release | : 1988 |
| Genre | : Eskimos |
| ISBN | : 0886290627 |
This collection of timely essays by Canadian scholars explores the fundamental link between the development of aboriginal culture and economic patterns. The contributors draw on original research to discuss Megaprojects in the North, the changing role of native women, reserves and devices for assimilation, the rebirth of the Canadian Metis, aboriginal rights in Newfoundland, the role of slave-raiding, and epidemics and firearms in native history.
| Author | : Ulla Secher |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 542 |
| Release | : 2014-12-01 |
| Genre | : Law |
| ISBN | : 1782253769 |
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).
| Author | : Diane Kirkby |
| Publisher | : Manchester University Press |
| Total Pages | : 320 |
| Release | : 2017-03-01 |
| Genre | : History |
| ISBN | : 1526119706 |
Drawing on the latest contemporary research from an internationally acclaimed group of scholars, Law, history, colonialism brings together the disciplines of law, history and post-colonial studies in a singular exploration of imperialism. In fresh, innovative essays from a range of disciplinary backgrounds, this collection offers exciting new perspectives on the length and breadth of empire. As issues of native title, truth and reconciliation commissions, and access to land and natural resources are contested in courtrooms and legislation of former colonies, the disciplines of law and history afford new ways of seeing, hearing and creating knowledge. Issues explored include the judicial construction of racial categories, the gendered definitions of nation-states, the historical construction of citizenship, sovereignty and land rights, the limits to legality and the charting of empire, constructions of madness among colonised peoples, reforming property rights of married women, questions of legal and historical evidence, and the rule of law. This collection will be an indispensable reference work to scholars, students and teachers.
| Author | : David Armitage |
| Publisher | : Routledge |
| Total Pages | : 429 |
| Release | : 2016-12-14 |
| Genre | : History |
| ISBN | : 1351879766 |
Theories of Empire, 1450-1800 draws upon published and unpublished work by leading scholars in the history of European expansion and the history of political thought. It covers the whole span of imperial theories from ancient Rome to the American founding, and includes a series of essays which address the theoretical underpinnings of the Spanish, Portuguese, French, British and Dutch empires in both the Americas and in Asia. The volume is unprecedented in its attention to the wider intellectual contexts within which those empires were situated - particularly the discourses of universal monarchy, millenarianism, mercantalism, and federalism - and in its mapping of the shift from Roman conceptions of imperium to the modern idea of imperialism.
| Author | : P. G. McHugh |
| Publisher | : OUP Oxford |
| Total Pages | : 378 |
| Release | : 2011-08-18 |
| Genre | : Law |
| ISBN | : 0191029777 |
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 | : Walter Hildebrandt |
| Publisher | : McGill-Queen's Press - MQUP |
| Total Pages | : 436 |
| Release | : 1996 |
| Genre | : History |
| ISBN | : 9780773515222 |
There are several historical accounts of the Treaty 7 agreement between the government and prairie First Nations but none from the perspective of the aboriginal people involved. In spite of their perceived silence, however, the elders of each nation involved have maintained an oral history of events, passing on from generation to generation many stories about the circumstances surrounding Treaty 7 and the subsequent administration of the agreement. The True Spirit and Original Intent of Treaty 7 gathers the "collective memory" of the elders about Treaty 7 to provide unique insights into a crucial historical event and the complex ways of the aboriginal people.
| Author | : Simon Young |
| Publisher | : Federation Press |
| Total Pages | : 534 |
| Release | : 2008 |
| Genre | : History |
| ISBN | : 9781862876477 |
This book is a broad and detailed examination of the native title jurisprudence in the US, Canada, New Zealand and Australia, with a specific focus on the handling of Indigenous community changes in each country's case law.
| Author | : Dale Antony Turner |
| Publisher | : University of Toronto Press |
| Total Pages | : 193 |
| Release | : 2006-01-01 |
| Genre | : Philosophy |
| ISBN | : 0802037925 |
Explores indigenous intellectual culture and its relationship to, and within, the dominant Euro-American culture. This book also contends that indigenous intellectuals need to engage the legal and political discourses of the state, respecting both indigenous philosophies and Western European intellectual traditions.
| Author | : Merete Falck Borch |
| Publisher | : BRILL |
| Total Pages | : 334 |
| Release | : 2021-10-18 |
| Genre | : Literary Criticism |
| ISBN | : 9004487956 |
This work is an examination of British imperial policy and attitudes towards the original inhabitants in the American colonies, New South Wales and the Cape colony of South Africa. A comparative study of the formative phase in this area of policy, it covers the period between the mid-eighteenth and early nineteenth centuries, examining and comparing the development of policy in each of the three geographical regions and tracing the legal and intellectual context within which this policy took shape. It suggests an important shift of attitude towards indigenous peoples in the course of the period covered – a change that had a major impact on political perceptions and policy formation.
