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

By Peter Fitzpatrick

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

Topics: law
Publisher: Springer
Year: 2002
OAI identifier: oai:eprints.bbk.ac.uk.oai2:483

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