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The Notion of Property and Native Title

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This essay considers the notion of property, the theory of property is understood contrarily dependent upon the context in which it exists. Includes Blackstone and utilitarian aspects to property.

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The Notion of Property and Native Title
Topics this document covers:
Property Aboriginal title Private property Right to property Australian property law Ownership Law Milirrpum v Nabalco Pty Ltd
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Topics this document covers:
Property Aboriginal title Private property Right to property Australian property law Ownership Law Milirrpum v Nabalco Pty Ltd
Sample Text:
Legislation such as the Native Title Act1 have undoubtedly prompted the expansion of property rights in Australia, stemming from shifts in societal values as well as the difficulties faced by both law makers and theorists in readily defining property and all which it is to encompass. The relevance of these shifts is the consequential challenge in distinguishing between ‘ownership’ and ‘rights’.2 As this essay will discuss, the theory of property is understood contrarily dependent upon the context in which it exists. Contrary to Blackstone’s view that property is said to encompass ones “sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of...any other individual in the universe”3, the nature of property cannot be so readily defined. The definition of property has developed over time and ...
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