Native title and private property

John Sheehan explores the concept of native title and the genesis of private property rights

To garner a historical and legal understanding of Indigenous or non-Indigenous private property rights in Australia, it is necessary to first consider the genesis of such rights in Europe as the early modern nation state emerged. Indeed, the whole juridical notion of private property emerged in Europe contemporaneously with the emergence of the early modern nation state.

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This article accompanies Sheehan's text: Is Native Title Property? which ran in the December 2013 edition of the Australian and New Zealand Property Journal.