Fitzpatrick, Peter (2002) ‘No higher duty’: Mabo and the failure of legal foundation. Law and Critique 13 (3), pp. 233-252. ISSN 0957-8536.
Download (252Kb) | Preview
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.
|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|
Archive Staff Only (login required)