- Title
- Critique: a historian said Terra Nullius was an invention: I'm a blackfella lawyer who has serious concerns about his lack of understanding and knowledge of the common law
- Creator
- Williams, Kevin
- Relation
- The Newcastle Law Review Vol. 10, p. 37-48
- Relation
- http://www.newcastle.edu.au/school/law/students/newcastle-law-review.html
- Publisher
- University of Newcastle, School of Law
- Resource Type
- journal article
- Date
- 2008
- Description
- On the acquisition of sovereignty, in each of the jurisdictions of Canada, America and New Zealand, the common law recognised and preserved pre-existing rights to land. Australia finally caught up to the rest of the common law world in 1992 with the handing down of the Mabo decision. Correct legal reasoning and precedent led to the recognition of the pre-existing rights of the original inhabitants of Australia. History and law are [two] distinct disciplines. Let the High Court to preside over matters of legal importance in Australia, let historians squabble amongst themselves.
- Subject
- Terra Nullius; indigenous inhabitants; legal reasoning; precedence
- Identifier
- http://hdl.handle.net/1959.13/39712
- Identifier
- uon:4483
- Identifier
- ISSN:1324-8758
- Language
- eng
- Full Text
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