Aboriginal Societies and the Common Law
A History of Sovereignty, Status, and Self-Determination
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Product details:
- Publisher OUP Oxford
- Date of Publication 23 December 2004
- ISBN 9780198252481
- Binding Hardback
- No. of pages680 pages
- Size 241x165x42 mm
- Weight 1178 g
- Language English 0
Categories
Short description:
This book describes the encounter between the common law legal system and the tribal peoples of North America and Australasia. It is a history of the role of anglophone law in managing relations between the British settlers and indigenous peoples from colonial foundation to the end of the Twentieth century. The historical basis of relations is described through the enduring, but constantly shifting questions of sovereignty, status and, more recently, self-determination.
MoreLong description:
This book describes the encounter between the common law legal system and the tribal peoples of North America and Australasia. It is a history of the role of anglophone law in managing relations between the British settlers and indigenous peoples. That history runs from the plantation of Ireland and settlement of the New World to the end of the Twentieth century.
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 engagement with 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 been accentuated 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 1990s 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.
McHugh's book is not just a legal history of Aboriginal title to land but a comprehensive history of legal relations between settlers and Aboriginal societies that addresses sovereignty, jurisdiction, status, and citizenship as well as land. The breadth of learning, depth of research, and thoughtfulness of analysis represented by this book are remarkable. It is written on an epic scale - covering law's stretch over the centuries and the seas - and it deserves to be read and studied carefully.
Table of Contents:
Chapter One: Introduction
Chapter Two: The juridical status of non-Christian polities (to the end of the eighteenth century)
Chapter Three: Aboriginal sovereignty and status in the 'Empire(s) of Uniformity'
Chapter Four: A history of aboriginal status - the legal recognition of the individual and the group
Chapter 5: aboriginal societies and international law: a history of sovereignty, status and land
Chapter 6: An overview of the era of aboriginal self-determination
Chapter 7: Achieving recognition during the 1970s and '80s- foundations for a modern jurisprudence
Chapter 8: Moving beyond recognition: aboriginal governance in the turbulent 1990s
Chapter 9: Living Together Less Contentiously: the Jurisprucence of Reconciliation in the 1990s
