Aboriginal Customary Law: A Source of Common Law Title to Land

Elmien Du Plessis

doi:10.17159/1727-3781/2018/v21i0a3405

Abstract

This contribution provides a short review of the book by Ulla Secher on aboriginal customary law as a source of common law title to land. 

Highlights

In her book Aboriginal Customary Law: A Source of Common Law Title to Land, Ulla Secher engages on a highly theoretical level with the question of native title in the hope of developing an alternative approach to issues of land rights for Australian Indigenous People. Her proposed alternative approach is to frame Aboriginal customary law as a valid source of (English) common law title to land, in order to develop a new doctrine of tenure called ad veritatem
The author delves into the maze of British and Australian real-property law, by focussing on its origin and application since 1788, in order to show how Aboriginal title can be a source of common law title
The author makes clear the rationale for each chapter, and in that sense it is high quality research in that it continually remains focussed on the primary theme of the book: aboriginal customary law as a source of common law title to land

Summary

Introduction

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Results

Conclusion