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History of European Ideas 25 (1999) 99}120 Sovereignty, opinion and revolution in Edmund Burke Richard Bourke* Department of English, Queen Mary and Westxeld College, Mile End Road, London E1 4NS, UK . Introduction Edmund Burke's involvement in the politics of empire during the mid-1760s obliged him to confront the practical signi"cance of the doctrine of sovereignty at the very outset of his parliamentary career. This confrontation was to recur throughout his published writings over the next 30 years. It took the form of a sustained attempt to elucidate the relationship between liberty and authority both in Britain and between it and the extended empire [1]. The defence of liberty as it appears in Burke's commentaries on the American crisis, on Ireland and on the Indian sub-continent had been a defence of moderate government. There was a connection in his mind between moderation in government and the security of property in modern states, but ultimately moderation implied a kind of commerce and compatibility between the designs of rulers and the aspirations of the ruled. It had always, however, been part of Burke's case that moderate government had to be founded on an absolute and uni"ed sovereignty. As he put it in 1765, the &unlimited Nature of the supreme legislative authority' was &very clear and very undeniable' [2]. Supremacy implied that ultimate
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PROPERTY 1 LENT TERM 2004 Property and Sovereignty A. THE EMERGENCE OF NATIVE TITLE Themes and Questions These lectures, and the accompanying seminars, focus on the question of indigenous title. In the common law world, claims to indigenous title have become especially prominent in North America and Australia, where Aboriginal peoples, or the `First Nations', have sought ownership of their ancestral lands. Substantively, these claims might be construed as demands for some measure of sovereignty or self-determination, but they take the form of claims to the ownership of land. As a result, the private law structure of rights in land has been exposed to a number of political questions about the justification of sovereign acquisition, and a set of theoretical questions about the nature of property. From our perspective, claims to indigenous title are to the point precisely because they expose a number of the hidden assumptions which structure commonsense ideas about ownership as much as developed doctrines of property law. We approach the question of indigenous title by reflecting on the form of 'native title' which was recognised by the High Court of Australia in Queensland v Mabo (No2) (1992). We set this contemporary discussion in relation to the conception of property that was developed by John Locke some three hundred years ago, and which is still the most influential
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