- Oct 30, 2014
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100% they just took it. From the beginning of time to just recently that was how things were. For the aboriginals tribes all around the world and every other civilisation that ever existed, if you were strong enough the land was yours. The English common law only applied to their own people. But built within that system was progress and self reflection, that lead to acknowledging of past injustices. It was still the best of outcomes as terrible as it obviously was. They could have had Islamic law or Chinese law etc.The question you've got to ask yourself here is how did this "most progressive" British Common Law apply to the pre-existing rights to land of the indigenous inhabitants when the land was acquired by the justification that it was uninhabited.
The British immediately created a problem with the application of common law to the Aboroginal people by pretending they didn't exist.