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Applied Legal Pluralism
This book offers a comparative study of the management of legal pluralism. The authors describe and analyse the way state and non-state legal systems acknowledge legal pluralism – defined as the coexistence of a state and non-state legal systems in the same space in respect of the same subject matter for the same population - and determine its consequences for their own purposes. The book sheds light on the management processes deployed by legal systems in Africa, Canada, Central Europe and the South Pacific, the multitudinous factors circumscribing the action of systems and individuals with respect to legal pluralism, and the effects of management strategies and processes on systems as we...
Indigenous Legal Traditions
The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.
Culture in the Domains of Law
This book examines whether law, as a cultural practice, can apply across cultural boundaries to bind people with vastly different beliefs and practices.
Tribes, Land, and the Environment
Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays by leading Indian law schola...
African Law(s)
This book takes a comparative law perspective and proposes a new approach for researching law in Africa. Western theoretical perspectives in comparative law are too Eurocentric to fully catch the peculiarities and characteristics of the African “lawscape”—in short, they are inadequate for studying African law. In this book, Professor Salvatore Mancuso considers the law in Africa from a different perspective. Deeply rooted in the culture of the African people, this approach considers African legal culture with the same legitimacy as Western legal culture, setting a precedent for future policy-making decisions relating to legislative development in Africa.
Indigenous Peoples and International Trade
An exploration of economic rights afforded Indigenous peoples in international law and their diffusion to international trade and investment instruments.
In Pursuit of Pluralist Jurisprudence
This book presents and evaluates theoretical approaches to 'pluralist jurisprudence' and assesses the viability of theorising law extending beyond the state.
Recognition versus Self-Determination
The political concept of recognition has introduced new ways of thinking about the relationship between minorities and justice in plural societies. But is a politics informed by recognition valuable to minorities today? Contributors to this volume examine the successes and failures of struggles for recognition and self-determination in relation to claims of religious groups, cultural minorities, and indigenous peoples on territories associated with Canada, the United States, Europe, Latin America, India, New Zealand, and Australia. The chapters look at cultural recognition in the context of public policy about intellectual and physical property, membership practices, and independence movements, while probing debates about toleration, democratic citizenship, and colonialism. Together the contributions point to a distinctive set of challenges posed by a politics of recognition and self-determination to peoples seeking emancipation from unjust relations.
The Perils of Identity
Calls for the provision of group rights are a common part of politics in Canada. Many liberal theorists consider identity claims a necessary condition of equality, but do these claims do more harm than good? To answer this question, Caroline Dick engages in a critical analysis of liberal identity-driven theories and their application in cases such as Sawridge Band v. Canada, which sets a First Nation’s right to self-determination against indigenous women’s right to equality. She contrasts Charles Taylor’s theory of identity recognition, Will Kymlicka’s cultural theory of minority rights, and Avigail Eisenberg’s theory of identity-related interests with an alternative rights framework that account for both group and in-group differences. Dick concludes that the problem is not the concept of identity itself but the way in which prevailing conceptions of identity and group rights obscure intragroup differences. Instead, she proposes a politics of intragroup difference that has the power to transform rights discourse in Canada.
