The Judgement of the World: The Yorta Yorta Case and the 'Tide of History'

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Abstract

In the landmark Yorta Yorta native title case, the trial judge held that the Aboriginal group's native title had been 'washed away by the tide of history'-a finding that has not been displaced by the Courts on appeal. This article sets out the jurisprudential origins of the metaphor 'tide of history', as well as looking at its broader intellectual roots and does so in the context of broader debates about the law and history of native title. Deconstruction of what is connoted by the 'tide of history' shows that the phrase has profound ideological connotations.
Original languageEnglish
Pages (from-to)106-121
JournalAustralian Historical Studies
Volume35
Issue number123, April 2004
DOIs
Publication statusPublished - 2004

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