Chapter

The ‘Era of Recognition’ During the 1970s and ’80s—Foundations for a Modern Jurisprudence

P.G. McHUGH

in Aboriginal Societies and the Common Law

Published in print December 2004 | ISBN: 9780198252481
Published online January 2010 | e-ISBN: 9780191710438 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198252481.003.0007
The ‘Era of Recognition’ During the 1970s and ’80s—Foundations for a Modern Jurisprudence

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This chapter describes the early phase in modern history during which the old, ingrained paternalism was replaced by fresher legal principles endorsing aboriginal agency. These principles acknowledged the unique constitutional position of aboriginal peoples and their claim to self-determination. However, that recognition still had to be made within the overarching framework of each legal system and, as became increasingly apparent, in response to the variable situation of each group. Once the foundational modern principles were established — essentially the achievement of the era of recognition in the 1970s and 1980s — their fulfilment in particular cases became the piecemeal brick-by-brick task of the post-recognition period. The chapter considers the early period during the 1970s and 1980s when each jurisdiction re-fashioned its laws as it re-addressed the enduring questions of sovereignty and status.

Keywords: paternalism; aboriginal agency; self-determination; jurisdiction; sovereignty; status

Chapter.  34262 words. 

Subjects: Jurisprudence and Philosophy of Law

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