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Aboriginal TitleThe Modern Jurisprudence of Tribal Land Rights$
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P.G. McHugh

Print publication date: 2011

Print ISBN-13: 9780199699414

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199699414.001.0001

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Aboriginal Title Within and Across Disciplinary Boundaries—Anthropologists, Historians, and Political Philosophers

Aboriginal Title Within and Across Disciplinary Boundaries—Anthropologists, Historians, and Political Philosophers

Chapter:
(p.240) 5 Aboriginal Title Within and Across Disciplinary Boundaries—Anthropologists, Historians, and Political Philosophers
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Aboriginal Title
Author(s):

Dr. P. G. McHugh

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199699414.003.0005

This chapter looks at how the rise of a set of common law principles — fashioned as they were through the courts' adjudicative and adversarial processes — engaged with other disciplines, notably anthropology and history. The involvement of these disciplines raised core and, often, sensitive issues of method and the (politicised) role of interpretation accentuated as they were by the resources and cultural issues at stake. With the rise of rights described adjectivally as ‘aboriginal’, political theorists also pondered the justifications for and problematics of such rights within liberal democracies, especially as they enlarged from ownership to claims of self-government and determination from the late 1990s into the new century.

Keywords:   history, historiography, anthropology, interpretation, group rights, liberalism, presentism

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