Overview

This book addresses the question of land rights for indigenous people in countries such as Canada and Australia. It considers the relationship of these people with the land, a relationship which usually combined emotional, spiritual, economic and legal elements and was an integral part of their traditional way of life. For this reason the author believes that preservation of this relationship is vital to the survival of these people as distinct cultural entities. In particular, he assesses the impact of the reception of English law on colonies acquired by the Crown for settlement, where no form of aboriginal land ownership has been shown to have existed prior to colonization. McNeil attempts to isolate fundamental principles and concludes by suggesting a doctrinal approach which could be used to settle outstanding land claims in any territiory originally made British by settlement.

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9780198252238

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