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Aboriginal Title – The Modern Jurisprudence of Tribal Land Rights - Oxford Scholarship Online
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Aboriginal Title: The Modern Jurisprudence of Tribal Land Rights

P.G. McHugh


Aboriginal title was one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. 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 seemingly embedded 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. Almost overnight these cases ... More

Keywords: Aboriginal title, tribes, land rights, common law, property rights, self-determination

Bibliographic Information

Print publication date: 2011 Print ISBN-13: 9780199699414
Published to Oxford Scholarship Online: January 2012 DOI:10.1093/acprof:oso/9780199699414.001.0001


Affiliations are at time of print publication.

P.G. McHugh, author
Reader in Law at the University of Cambridge, Fellow of Sidney Sussex College, Cambridge