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The Trouble with Tradition
Simon Young
其他書名
Native Title and Cultural Change
出版Federation Press, 2008
主題History / Australia & New ZealandLaw / GeneralLaw / JurisprudenceLaw / Indigenous LawSocial Science / Customs & TraditionsSocial Science / Ethnic Studies / Australian & Oceanian StudiesSocial Science / Sociology / GeneralSocial Science / Indigenous Studies
ISBN18628764799781862876477
URLhttp://books.google.com.hk/books?id=EBlQFVcEIi4C&hl=&source=gbs_api
EBookSAMPLE
註釋The Trouble with Tradition is a broad and detailed examination of the native title jurisprudence across four countries--the US, Canada, New Zealand and Australia--with a specific focus on the handling of Indigenous community change in each country. The book demonstrates that there is a notable receptivity to Indigenous change. It argues that the prevailing Australian methodology, however, suffers from many technical problems and will have grievous consequences for Indigenous Australians. The Australian courts, in their preoccupation with Indigenous tradition, have gradually cultivated two related excesses: over-specificity in the definition of the aboriginal interest and over-particularity in the search for cultural constancy and continuity. These digressions threaten to entrench an unjustifiable attenuation of the native title interest and an inherent intolerance of Indigenous change.