Laws of the Land

Native title in Australia has been defined as the recognition of traditional interests in land of Australian Indigenous peoples and it is given content by the traditional laws and customs in which it finds its origin. This book undertakes a study of the theoretical premises upon which the recognition of native title rests from the perspective of comparative law, questioning the conceptual process of identification of the boundaries of the legal contained in the intersection of distinct legal systems. In reflecting on the difficulties of undertaking a comparative legal analysis and the danger of legalism as a form of cultural imposition, this book positions itself within the broader field of comparative legal studies rather than purely within the boundaries of native title discourse.