The Trouble with Tradition: Native Title and Cultural Change
1 Jan 2008
Simon S. Young
This book is a broad and detailed examination of the 'native title' jurisprudence accross four countries: Australia, USA, New Zealand and Canada. It contends that while this jurisprudence has largely converged, the Australian courts have gone badly awry showing an undue preoccupation with 'tradition', the accidental effect of which is to debar indigenous change. Dr Young argues for a reconceptualisation: a clear recognition of the natural distinctions between 'rights' and 'title' and between 'communal' and 'inter se' Indigenous interests. This he claims, would avoid the many technical problems and unfortunate consequences thrown up by current case law.