Of protest, the commons, and customary public rights: An ancient tale of the lawful forest

Cristy Clark, John Page

Research output: Contribution to journalArticle

1 Citation (Scopus)

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.

Original languageEnglish
Pages (from-to)26-59
Number of pages34
JournalUniversity of New South Wales Law Journal
Volume42
Issue number1
Publication statusPublished - Mar 2019
Externally publishedYes

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