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    ‘No higher duty’: Mabo and the failure of legal foundation

    Fitzpatrick, Peter (2002) ‘No higher duty’: Mabo and the failure of legal foundation. Law and Critique 13 (3), pp. 233-252. ISSN 0957-8536.

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    Abstract

    The first half of the paper shows how the imperial quality of the common law putatively accommodates the demand for legal foundation. The second half takes the Mabo decision as a test of this supposed ability and finds it foundationally wanting. The continuing insistence of the indigenous presence provides the key.

    Metadata

    Item Type: Article
    Additional Information: The original publication is available at www.springerlink.com
    Keyword(s) / Subject(s): failure, foundation, legal, Mabo
    School: Birkbeck Schools and Departments > School of Law
    Depositing User: Sandra Plummer
    Date Deposited: 02 Apr 2007
    Last Modified: 17 Apr 2013 12:33
    URI: http://eprints.bbk.ac.uk/id/eprint/483

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