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The Law of the Land
294 pages, Paperback
First published January 1, 1987
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About the author
Henry Reynolds
60 books52 followersHenry Reynolds is currently an ARC Senior Research Fellow at the University of Tasmania at Launceston. He was for many years at James Cook University in Townsville. He is the author of many well-known books including The Other Side of the Frontier, Law of the Land, Fate of a Free People and Why Weren’t We Told?
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Displaying 1 - 3 of 3 reviews
May 25, 2017
Australian historian Henry Reynolds describes the hypocrisy at the heart of the debate over terra nullius.
'At the time of Australian settlement English law protected property more than it protected life itself. Private property was vigorously defended against thieves and trespassers, as well as against the prerogative power of the Crown. How, then, could Aboriginal rights be totally ignored? English law like most other legal systems in Europe paid great respect to possession - it was 'nine points of the law'. The official view has always been that Aboriginal claims were always void before all. The Intellectual and moral gymnastics required to sustain that position have been quite extraordinary.'
From the book cover and the preface of my edition.
'This must be the most important book yet written concerning the Aborigines' basic rights to land'' - Bob Dixon (Canberra Times)
'I am at a loss to conceive by what tenure we hold this country, for it does not appear to be that we either hold it by conquest or by right of purchase.' G. A. Robinson, 1832
In this readable and dramatic book, Henry Reynolds reassesses the legal and political arguments used to justify the European settlement of Australia.
His conclusions form a compelling case for the belief that the British government conceded land rights to the Aborigines early in the nineteenth century.
'Reynolds' is a project concerned with nothing less than the revision of our interpretations of ourselves as a people.' - Veronica Brady ( Australian Book Review)
'Propositions advanced in . . . The Law Of The Land . . . overturn 200 years of white assumptions in Australia over who owns the land.' - Michael Davie ( London Observer)
'The duplicity of white Australia's reasoning is laid bare in a meticulous history with a strong moral purpose.' - Cassandra Pybus (Top Shelf)
Preface to the Second Edition
Readers and reviewers responded very favourably to the first edition. Given the continuing importance of the issues with which it was concerned, The Law of the Land remains highly relevant to contemporary debate. Some critics felt that, given the illustration on the front cover, much greater attention should have been paid to John Batman's treaty with the Aborigines. It was suggested that the rejection of the treaty was proof of the government's acceptance of terra nullius and was, by implication, a major challenge to the interpretation advanced in The Law of the land. Although I had dealt with the Batman treaty in an earlier book ( Frontier, 1987) I decided to re-examine the whole issue. The new material has been added to the beginning of Chapter VI.
The decision of the High Court in Mabo v. Queensland in June 1992 was of such direct relevance to the book that I decided to write a postscript concerned with the judgement.
Henry Reynolds
August 1992
'At the time of Australian settlement English law protected property more than it protected life itself. Private property was vigorously defended against thieves and trespassers, as well as against the prerogative power of the Crown. How, then, could Aboriginal rights be totally ignored? English law like most other legal systems in Europe paid great respect to possession - it was 'nine points of the law'. The official view has always been that Aboriginal claims were always void before all. The Intellectual and moral gymnastics required to sustain that position have been quite extraordinary.'
From the book cover and the preface of my edition.
'This must be the most important book yet written concerning the Aborigines' basic rights to land'' - Bob Dixon (Canberra Times)
'I am at a loss to conceive by what tenure we hold this country, for it does not appear to be that we either hold it by conquest or by right of purchase.' G. A. Robinson, 1832
In this readable and dramatic book, Henry Reynolds reassesses the legal and political arguments used to justify the European settlement of Australia.
His conclusions form a compelling case for the belief that the British government conceded land rights to the Aborigines early in the nineteenth century.
'Reynolds' is a project concerned with nothing less than the revision of our interpretations of ourselves as a people.' - Veronica Brady ( Australian Book Review)
'Propositions advanced in . . . The Law Of The Land . . . overturn 200 years of white assumptions in Australia over who owns the land.' - Michael Davie ( London Observer)
'The duplicity of white Australia's reasoning is laid bare in a meticulous history with a strong moral purpose.' - Cassandra Pybus (Top Shelf)
Preface to the Second Edition
Readers and reviewers responded very favourably to the first edition. Given the continuing importance of the issues with which it was concerned, The Law of the Land remains highly relevant to contemporary debate. Some critics felt that, given the illustration on the front cover, much greater attention should have been paid to John Batman's treaty with the Aborigines. It was suggested that the rejection of the treaty was proof of the government's acceptance of terra nullius and was, by implication, a major challenge to the interpretation advanced in The Law of the land. Although I had dealt with the Batman treaty in an earlier book ( Frontier, 1987) I decided to re-examine the whole issue. The new material has been added to the beginning of Chapter VI.
The decision of the High Court in Mabo v. Queensland in June 1992 was of such direct relevance to the book that I decided to write a postscript concerned with the judgement.
Henry Reynolds
August 1992
November 13, 2025
3.5 stars
September 5, 2012
I didn't finish, but I DID finish the assignment on it, so haha cheating and adding it to my "read" shelf.
This book is really legalistic, and basically argues that the fiction of terra nullius is at the heart of Australian property law and it shouldn't be. But in the finest of liberal traditions, it also rejects actual radical change for social justice, only changing the law, which is like... sigh.
This book is really legalistic, and basically argues that the fiction of terra nullius is at the heart of Australian property law and it shouldn't be. But in the finest of liberal traditions, it also rejects actual radical change for social justice, only changing the law, which is like... sigh.
Displaying 1 - 3 of 3 reviews