‘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.
Metadata
Item Type: | Article |
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Additional Information: | The original publication is available at www.springerlink.com |
Keyword(s) / Subject(s): | failure, foundation, legal, Mabo |
School: | Birkbeck Faculties and Schools > Faculty of Business and Law > Birkbeck Law School |
Depositing User: | Sandra Plummer |
Date Deposited: | 02 Apr 2007 |
Last Modified: | 02 Aug 2023 16:47 |
URI: | https://eprints.bbk.ac.uk/id/eprint/483 |
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