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Discovering Indigenous Lands
This book presents new material and shines fresh light on the under-explored historical and legal evidence about the use of the doctrine of discovery in Australia, Canada, New Zealand and the United States. North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. When Europeans set out to explore and exploit new lands in the fifteenth through to the twentieth centuries, they justified their sovereign and property claims over these territories and the indigenous peoples with the discovery doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian s...
The New Zealand Legal System
Third edition significantly updates the chapter on statutory interpretation and introduces a new chapter on the legal profession. Topics covered include: the functions and concept of law; classifications and sources of law; constitutional principles; the Treaty of Waitangi; the Courts; Statutory interpretation; the legal profession; case law; logic and legal reasoning; legal writing; legal materials and reading cases.
From Recognition to Reconciliation
More than thirty years ago, section 35 of the Constitution Act recognized and affirmed “the existing aboriginal and treaty rights of the aboriginal peoples of Canada.” Hailed at the time as a watershed moment in the legal and political relationship between Indigenous peoples and settler societies in Canada, the constitutional entrenchment of Aboriginal and treaty rights has proven to be only the beginning of the long and complicated process of giving meaning to that constitutional recognition. In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state. The book features essays on themes such as the role of sovereignty in constitutional jurisprudence, the diversity of methodologies at play in these legal and political questions, and connections between the Canadian constitutional experience and developments elsewhere in the world.
Discovering Indigenous Lands
North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. This book analyses how this doctrine was used to gain control over the indigenous peoples, and how this control continues to this day.
Research Handbook on Family Property and the Law
This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law.
Aboriginal Title and Indigenous Peoples
Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.
Globalisation and Ecological Integrity in Science and International Law
This volume returns to one of the major themes of the Global Ecological Integrity Group: the interface between integrity as a scientific concept and a number of important issues in ethics, international law and public health. The main scholars who have worked on these topics over the years return to re-examine these dimensions from the viewpoint of global governance.
The Art of Being Posthuman
This book offers a comprehensive reflection on the existential condition of the 21st century. A visionary introduction to existential posthumanism, it takes the form of eight meditations. This posthuman journey of self-inquiry engages with a wide range of knowledge and wisdom: from the Paleolithic times to the futures of radical life extension, from multi-species evolutions to the rights of Nature, the Anthropocene and the rise of Artificial Intelligence. The book declutters the habit of being human. Letting go of the need for anthropocentric mastery and species-specific ambitions, the reader emerges regenerated. The manifold paths of posthuman self-realization reveal that we are all co-creators in the existential unfolding: our lives are our ultimate works of art. The Art of Being Posthuman is a self-help guide to navigate our brave new world. You can listen to Dr. Ferrando talk about the book’s key themes in these videos: 1. Introduction and 2. Conclusion
Mightier Than the Sword
How can words on paper be more devastating than war? Why is there persistent inequality—racial, financial, structural? Why are things in our society the way they are? Mightier Than the Sword: How Three Obscure Treaties Sanctioned the Enslavement of Millions and the Exploitation of Continents for More Than 400 Years offers a perspective on the roots of the inequality of today. Documents written hundreds of years ago embody the biases and power strategies of their time, but they still have a long reach through history. Atkin examines three treaties—the Treaty of Tordesillas, the Treaties of Nanking, and the Conference of Berlin— that granted permission, or the sanctioned rationale, to de...
Indigenous Rights in Scandinavia
This book contributes to the international debate on Indigenous Peoples Law, containing both in-depth research of Scandinavian historical and legal contexts with respect to the Sami and demonstrating current stances in Sami Law research. In addition to chapters by well-known Scandinavian experts, the collection also comments on the legal situation in Norway, Sweden and Finland in relation to other jurisdictions and indigenous peoples, in particular with experiences and developments in Canada and New Zealand. The book displays the current research frontier among the Scandinavian countries, what the present-day issues are and how the nation states have responded so far to claims of Sami rights...
