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- Title
OF PROTEST, THE COMMONS, AND CUSTOMARY PUBLIC RIGHTS: AN ANCIENT TALE OF THE LAWFUL FOREST.
- Authors
CLARK, CRISTY; PAGE, JOHN
- Abstract
This article explores an ancient tale of customary public rights that starts and ends with the landmark decision of Brown v Tasmania. In Brown, Australia's highest court recognised a public right to protest in forests. Harking back 800 years to the limits of legal memory, and the Forest Charter of 1217, this right is viewed through the metaphor of the lawful forest, a relational notion of property at the margins of legal orthodoxy. Inherent to this tale is the tension that pits private enclosure against the commons, a contest that endures across time and place - from 13th century struggles against the Norman legal forest, through to modern claims of rights to the city.
- Subjects
TASMANIA; FORESTRY laws; PUBLIC demonstrations; AUSTRALIA. High Court; CUSTOMARY law
- Publication
University of New South Wales Law Journal, 2019, Vol 42, Issue 1, p26
- ISSN
0313-0096
- Publication type
Article