Equity, quantum physics, dreamtime and nature's title

摘要

The origins of the equitable jurisdiction were premised on correcting defects in the common law to prevent unconscionable conduct. Although property law presupposes separation of person from place, a court of equity may be persuaded by scientific evidence, which supports an interconnected and interdependent world, where person cannot be separated from nature, nor from place. Australian aboriginal dreamtime practices underscored the High Court's decision to overturn the terra nullius doctrine, giving rise to native title recognition. These same practices could with additional scientific empirical evidence give support for a court of equity to acknowledge rights for nature.