Spring/Summer 2005 - University of Toronto Press Publishing

LAW & SOCIETYRecognizing Aboriginal TitleThe Mabo Case and Indigenous Resistance toEnglish-Settler ColonialsimPeter H. RussellA judicial revolution occurred in 1992 whenAustralia’s highest court discarded a doctrine thathad stood for two hundred years, that the countrywas a terra nullius – a land of no one – when thewhite man arrived. The proceedings were known asthe Mabo Case, named for Eddie Koiki Mabo, theTorres Strait Islander who fought the notion thatthe Australian Aboriginal people did not have a systemof land ownership before European colonization.The case had international repercussions,especially on the four countries in which Englishsettlers are the dominant population: Australia,Canada, New Zealand, and the United States.In Recognizing Aboriginal Title, Peter H. Russelloffers a comprehensive study of the Mabo case, itsbackground, and its consequences, contextualizing itwithin the international struggle of Indigenous peoplesto overcome their colonized status. Russellweaves together a historical narrative of Mabo’s lifewith an account of the legal and ideological premisesof European imperialism and their eventual challengeby the global forces of decolonization. He traces thedevelopment of Australian law and policy in relationto Aborigines, and provides a detailed examination ofthe decade of litigation that led to the Mabo case.Mabo died at the age of fifty-six just five monthsbefore the case was settled. Although he had beenexiled from his land over a dispute when he was ateenager, he was buried there as a hero. RecognizingAboriginal Title is a work of enormous importance bya legal and constitutional scholar of internationalrenown, written with a passion worthy of its subject– a man who fought hard for his people and won.Peter H. Russell is a university professor emeritus inthe Department of Political Science at theUniversity of Toronto.‘Everything about this powerful and magnificent book issound. It is a major contribution to world literature and, inAustralia, fills a niche now unoccupied. It will have enormousimpact and will rumble around for some time inscholarly and professional circles.’Peter Jull, School of Political Science and InternationalAffairs, University of Queensland‘Recognizing Aboriginal Title is an excellent book that willprove of interest and inspiration to indigenous scholars andscholars of indigeneity. Peter Russell demonstrates his usualsolid research, lucid writing, penetrating insights, and sensitivityto highly political issues. Riveting and brilliant.’Augie Fleras, Department of Sociology, University ofWaterlooAlso by Peter H. Russell (Editor):The Future of Social DemocracyViews of Leaders from Around the World0-8020-8066-9 / £10.00 / $20.95 / 1999Approx. 450 pp / 6 x 9 / June 200510 halftonesCloth ISBN 0-8020-3863-8 £42.00 $65.00 E56