Aboriginal Customary Law: A Source of Common Law Title to Land - Hardcover

the author has done an impressive job at articulating her thesis in a straightforward yet sophisticated style. Her comprehensive re-evaluation of relevant case law and her analysis of Mabo shows a depth of knowledge which flows through the entire book. Her meticulous research and attention to detail is clearly evident. Reading this book is well worth the effort; the reader will come away with a new perspective on Mabo, and a fresh outlook on the future of Indigenous land rights. I would agree with Kent McNeil's description in the foreword that it is `a formidable contribution'. -- Katie O'Bryan * Alternative Law Journal *

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 colonizing 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 book 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 US, New Zealand, and Canada. In this context, the book proffers a re-conceptualization of the Crown's title to land in former colonies and a re-assessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. It is a fresh and original study that is a must read by all those interested in aboriginal property law and the rights of indigenous people. [Subject: Human Rights Law, Property Law, Environmental Law, Natural Resources Law, Legal History, Indigenous Studies