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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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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.

Item Type: Article
Additional Information: The original publication is available at
Keyword(s) / Subject(s): failure, foundation, legal, Mabo
School or Research Centre: Birkbeck Schools and Research Centres > School of Law
Depositing User: Sandra Plummer
Date Deposited: 02 Apr 2007
Last Modified: 17 Apr 2013 12:33

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