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Indigenous Peoples and the Law - Ancient Customs: Modern Dilemmas
Faculty Scholarship
  • David S. Bogen, University of Maryland School of Law
Document Type
Publication Date
  • indigenous peoples,
  • Customary Law,
  • Native Title,
  • Domestic Law,
  • non-indigenous law,
  • international law

This article is based on a public lecture given by the author in spring 2007 at the Queensland University of Technology.

Indigenous people have a variety of complex relationships to law in nations such as Australia, Canada, New Zealand and the United States where non-indigenous people constitute the majority of the population. Customary law has been recognised in each of these nations as a source of domestic law, but this recognition has created various tensions. For instance, Native Title looks to customary law for its definition, but non-indigenous society demands that Native Title be managed by modern Indigenous institutions created under non-indigenous law. Issues of federalism and international law influence the interaction of Indigenous and non-indigenous law against a background of the history of particular peoples. Culture provides a framework for how each country will handle the ongoing relationship of Indigenous and non-Indigenous law.
Citation Information
1 The Verdict 43 (2009).