Aboriginal Title and Indigenous Peoples: Canada, Australia, and New Zealand (Law and Society Series)

Delgamuukw. Mabo. Ngati Apa. These cases and others have in recent years created a framework for litigating Aboriginal title in countries such as Canada, Australia, and New Zealand. The contributors to this path-breaking book argue that our understanding of where the concept of Aboriginal title came from - and where it may be going - can also be enhanced by exploring legal developments in these former British settler colonies in a comparative and multidisciplinary framework.

Aboriginal Title and Indigenous Peoples brings together a distinguished group of scholars who trace how the doctrine of Aboriginal title evolved as indigenous peoples and their laws interacted with settlers and the legal systems that developed in these three common law countries. Part 1 reveals the historical role that legislatures and courts played in the extinguishment and acquisition of Aboriginal title and land. Part 2 shows that although each country’s development was distinctive, common issues and legal developments shaped - and continue to inform - indigenous peoples’ struggle for recognition of their rights.

These tightly integrated essays offer a perspective on Aboriginal title and land rights that extends beyond national borders to consider similar developments in common law countries. Students and scholars of law, history, Native studies, anthropology, and political science will welcome this book’s fresh insights and outlook.