The Trouble with Tradition

"The Trouble with Tradition: Native Title and Cultural Change" by Simon Young is a comprehensive analysis of native title laws in the common law world, focusing on Australia, the United States, Canada, and New Zealand. Here is a detailed overview of the book:

Key Themes

1. Native Title Jurisprudence: The book provides a broad and detailed examination of the native title jurisprudence across the four countries mentioned. It delves into the historical and legal frameworks that govern indigenous land rights.
2. Critique of Tradition: Dr. Young critiques the Australian approach to native title, arguing that the emphasis on "tradition" is a deeply flawed approach. He highlights technical problems and unfortunate consequences for Indigenous people.
3. Comparative Law: The book engages in comparative law analysis, exploring how different jurisdictions handle native title issues. This comparative approach helps in identifying best practices and areas for improvement.
4. Indigenous Rights: The author emphasizes the need for a fundamental rethink in how native title is approached, particularly in terms of its impact on Indigenous Australians. He argues that current legal frameworks often fail to adequately recognize and protect indigenous rights.

Plot Summary

The book is structured as a critical examination of the native title laws in the four countries. It begins with an overview of the historical context of native title, including the concept of Terra Nullius and the Mabo decision in Australia. Dr. Young then delves into the jurisprudence of each country, highlighting both the similarities and differences in how native title is interpreted and applied.

Critical Reception

1. Academic Review: The book has been well-received in academic circles for its comprehensive analysis and critical approach. It is considered one of the most fundamental analyses of native title since McNeil's "Common Law Aboriginal Title" in 1989.
2. Book Reviews: Reviews have praised the book for its broad and detailed examination of native title jurisprudence. It is noted for its ability to identify technical problems and unfortunate consequences for Indigenous people, making a strong case for a fundamental rethink in how native title is approached.

Publication Details

• Author: Simon Young
• Publisher: Federation Press
• Place of Publication: Sydney, Australia
• Year of Publication: 2008
• Number of Pages: 520
• ISBN: 978-1862876477

Overall, "The Trouble with Tradition" is a significant contribution to the field of native title law, offering a critical and comparative analysis that highlights the need for a more nuanced and effective approach to recognizing and protecting indigenous rights.