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Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a broader acceptance of Indigenous legal traditions. With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly. This is a major work by one of Canada's leading legal scholars, and an essential companion to Drawing Out Law: A Spirit's Guide.
In this major contribution to the Ideas in Context series Anne McLaren explores the consequences for English political culture when, with the accession of Elizabeth I, imperial 'kingship' came to be invested in the person of a female ruler. She looks at how Elizabeth managed to be queen, in the face of considerable male opposition, and demonstrates how that opposition was enacted. Dr McLaren argues that during Elizabeth's reign men were able to accept the rule of a woman partly by inventing a new definition of 'citizen', one that made it an exclusively male identity, and she emphasizes the continuities between Elizabeth's reign and the outbreak of the English civil wars in the seventeenth century. A significant work of cultural history informed by political thought, Political Culture in the Reign of Elizabeth I offers a wholesale reinterpretation of the political dynamics of the reign of Queen Elizabeth.
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This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs.
Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to con...