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ABORIGINAL SOCIETIES COMMON LAW C
By Mchugh
0 - Default Title
Description
The book begins by looking at the nature of British imperialism and the position of non-Christian peoples at large in the Seventeenth and Eighteenth centuries. It then focuses on North America and Australasia from their early national periods in the Nineteenth century to the modern era. The historical basis of relations is described through the key, enduring, but constantly shifting questions of sovereignty, status and, more latterly, self-determination. Throughout the history of engagementwith common law legalism, questions surrounding the settler-state's recognition - or otherwise - of the integrity of the tribe have recurred. These issues were addressed in many and varied imperial and colonial contexts, but all jurisdictions have shared remarkable historical parallels which have beenaccentuated by their common legal heritage. The same questioning continues today in the renewed and controversial claims of the tribal societies to a distinct constitutional position and associated rights of self-determination. Mc Hugh examines the political resurgence of aboriginal peoples in the last quarter of the Twentieth century. A period of 'rights-recognition' was transformed into a second-generation jurisprudence of rights-management and rights-integration. From the 199s onwards,aboriginal affairs have been driven by an increasingly rampant legalism.
Throughout this history, the common law's encounter with tribal peoples not only describes its view of the aboriginal, but also reveals a considerable amount about the common law itself as a language of thought. This is a history of the voyaging common law.
Product details
Edition:
1
Number of Pages:
674
Release Date:
2005-02-24
Publication Date:
2018-09-28
Publisher:
Oxford University Press (UK)
Languages:
Original:
English
ISBN10:
1571052283019825248X
ISBN13:
9780198252481
GPSR Manufacturer Reference:
Weight:
1165 g
Height:
161 cm
Width:
240 cm
Thickness:
40 cm
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