Conduct of Laws: Native Title, Responsibility, and Some Limits of Jurisdictional Thinking

25 Pages Posted: 16 May 2013

See all articles by Shaunnagh Dorsett

Shaunnagh Dorsett

University of Technology Sydney, Faculty of Law

Shaun McVeigh

University of Melbourne - Law School

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Date Written: May 15, 2013

Abstract

It is now twenty years since the High Court of Australia designated ‘native title’ as the site of engagement of Australian common law and jurisprudence with Indigenous law and jurisprudence in Mabo v Queensland [No 2]. Common law jurisprudence, however, continues to struggle to create the appropriate form and conduct of the relations between itself and Indigenous laws and jurisprudence. It struggles, in short, to create an appropriate meeting place of laws. In light of recent attempts to amend the Native Title Act 1993 (Cth), it is timely, then, to return to the first question that is addressed in the meeting of laws in Australia, that of the authorisation of laws and the quality and conduct of the meeting place. Here the meeting of Australian common law and Indigenous law in Australia is tracked in terms of a brief history of common law jurisdictional practice, the jurisprudence of the conduct of lawful relations in and through s 223 of the Native Title Act, and official forms of responsibility for lawful relations.

Keywords: native title, indigenous laws, jurisprudence

JEL Classification: K00, K19

Suggested Citation

Dorsett, Shaunnagh and McVeigh, Shaun, Conduct of Laws: Native Title, Responsibility, and Some Limits of Jurisdictional Thinking (May 15, 2013). Melbourne Univeristy Law Review, Vol. 36, No. 2, 2012, U of Melbourne Legal Studies Research Paper No. 635, Available at SSRN: https://ssrn.com/abstract=2265681

Shaunnagh Dorsett

University of Technology Sydney, Faculty of Law ( email )

Sydney
Australia

Shaun McVeigh (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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