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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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Official URL: http://dx.doi.org/10.1023/A:1021231902705

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.

Item Type: Article
Additional Information: The original publication is available at www.springerlink.com
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
URI: http://eprints.bbk.ac.uk/id/eprint/483

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