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Law's Religion
Prevailing stories about law and religion place great faith in the capacity of legal multiculturalism, rights-based toleration, and conceptions of the secular to manage issues raised by religious difference. Yet the relationship between law and religion consistently proves more fraught than such accounts suggest. In Law’s Religion, Benjamin L. Berger knocks law from its perch above culture, arguing that liberal constitutionalism is an aspect of, not an answer to, the challenges of cultural pluralism. Berger urges an approach to the study of law and religion that focuses on the experience of law as a potent cultural force. Based on a close reading of Canadian jurisprudence, but relevant to all liberal legal orders, this book explores the nature and limits of legal tolerance and shows how constitutional law’s understanding of religion shapes religious freedom. Rather than calling for legal reform, Law’s Religion invites us to rethink the ethics, virtues, and practices of adjudication in matters of religious difference.
Handbook on Space, Place and Law
This innovative Handbook provides an expansive interrogation of the spaces and places of law, exploring how we engage relationally in a material world, within which we are inter-dependent and reliant, and governed by laws in a dynamic process. It advances novel insights into the numerous intersections of space, place and law in our lives.
The Theory of Self-Determination
In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.
Between Consenting Peoples
Consent has long been used to establish the legitimacy of society. But when one asks – who consented? how? to what type of community? – consent becomes very elusive, more myth than reality. This is particularly true when focusing on the relationship between indigenous and nonindigenous peoples. In Between Consenting Peoples, leading scholars in legal and political theory look at the various meanings that have been attached to consent as the foundation for political community and law, especially in indigenous contexts. From historical examples to political and legal theory, the authors examine the language of consent and how consent has ordered indigenous societies and shaped their relationships with governments. They also explore the kind of consent – the kind of attachment – that might ground political community and establish a fair relationship between indigenous and nonindigenous peoples. In doing so, they draw perspectives from indigenous relations into the heart of political theory.
Land Uprising
Land Uprising reframes Indigenous land reclamation as a horizon to decolonize the settler colonial conditions of literary, intellectual, and activist labor. Simón Ventura Trujillo argues that land provides grounding for rethinking the connection between Native storytelling practices and Latinx racialization across overlapping colonial and nation-state forms. Trujillo situates his inquiry in the cultural production of La Alianza Federal de Mercedes, a formative yet understudied organization of the Chicanx movement of the 1960s and 1970s. La Alianza sought to recover Mexican and Spanish land grants in New Mexico that had been dispossessed after the Mexican-American War. During graduate school...
The Right Relationship
In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century.
Justice and Reconciliation in World Politics
This book examines how justice and reconciliation in world politics should be conceived in response to the injustice and alienation of modern colonialism?
Life against States of Emergency
For six weeks in 2012–13, Attawapiskat chief Theresa Spence undertook a high-profile ceremonial fast to advocate for improved Canadian-Indigenous relations. Life against States of Emergency responds to the central question she asked the Canadian public to consider: What does it mean to be in a treaty relationship today? This incisive research weaves together community-engaged research, Attawapiskat lived experiences, discourse analysis, ecofeminist and Indigenous studies scholarship, art, activism, and storytelling to advance a transformative, future-oriented approach to treaty relations. By centring community voices, Life against States of Emergency seeks to cultivate democratic dialogue about environmental justice.
Cooperation Without Submission
"Justin B. Richland continues his study of the relationship between American law and government and Native American law and tribal governance in his new manuscript Cooperation without Submission: Indigenous Jurisdictions in Native Nation-US Engagements. Richland looks at the way Native Americans and government officials talk about their relationship and seek to resolve conflicts over the extent of Native American authority in tribal lands when it conflicts with federal law and policy. The American federal government is supposed to engage in meaningful consultations with the tribes about issues that affect the tribes under long standing Federal law which accorded the federal government the re...
Law's Indigenous Ethics
Law's Indigenous Ethics examines the revitalization of Indigenous peoples' relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law's Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.
