| The Making of Australian Property Law Contributor(s): Buck, A. R. (Author) |
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ISBN: 1862876347 ISBN-13: 9781862876347 Publisher: Federation Press OUR PRICE: $44.55 Product Type: Paperback Published: February 2007 Annotation: In 1847, in one of the most important cases in Australian legal history, the Chief Justice of NSW, Sir Alfred Stephen, handed down a decision that would have profound implications for both the development of Australian property law and the property rights of the Aboriginal peoples of Australia. The case was Attorney General v. Brown, and in his decision, Stephen C.J. ruled that the laws of property in Australia were governed by feudal principles. Judicial thinking and much legal scholarship continues to emphasise a connection between the feudal origins of the English law and the state of contemporary Australian property law. This book, in contrast, argues that the feudal imprint on property in Australia had been "washed away" by the early 1860s and that the decades of the early nineteenth century witnessed the making of a distinct Australian property law. Egalitarianism, rather than feudalism, this book argues, shaped the emergence of Australian property law. |
| Additional Information |
| BISAC Categories: - Law | Property - Law | Administrative Law & Regulatory Practice |
| Dewey: 346.940 |
| LCCN: 2007405989 |
| Physical Information: 0.38" H x 5.51" W x 8.37" (0.49 lbs) 166 pages |
| Descriptions, Reviews, Etc. |
| Publisher Description: This book provides a fresh perspective on the origins of Australian property law, arguing that law cannot be understood without reference to its social, political and economic contexts. Egalitarianism, this book argues, shaped the emergence of Australian property law. |