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Tribal Constitutionalism
Recognized tribes are increasingly prominent players in settler state governance, but in the wide-ranging debates about tribal self-governance, little has been said about tribal self-constitution. Who are the members of tribes, and how are they chosen? Tribes in Canada, Australia, New Zealand and the United States are now obliged to adopt written constitutions as a condition of recognition, and to specify the criteria used to select members. Tribal Constitutionalism presents findings from a comparative study of nearly eight hundred current and historic tribal constitutions, most of which are not in the public domain. Kirsty Gover examines the strategies adopted by tribes and states to deal w...
Careless
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Honey Blood
'I thought if I was going to die I should write some things down' Kirsty Everett was going to be an Olympic gymnast. But as she made plans to win gold, life, as it does, laughed at the goal she'd set. Aged nine, she was diagnosed with leukaemia and spent the next two and a half years in treatment and attending the funerals of children she met in the cancer ward. At the age of sixteen, Kirsty's cancer returned. Faced with a devastating prognosis, she threw herself into as much as she could - friends, school, drama, sport, even a life-writing course with Patti Miller. As she said, 'I thought if I was going to die I should write some things down.' Against the odds, Kirsty survived. She never ac...
Art and Authority
People engage with authored works all the time. They buy paintings, read books, and download songs. They might even be artists themselves. And yet they tend to take the concept of authorship for granted. The basic idea that an artist as author maintains some kind of claim to his creation, even as it circulates in the world at large, seems natural. It is the basis for copyright law and moral rights legislation which protect the rights of authors. But what is an author, and why do artists receive special legal recognition and protection that the creators of other kinds of artifacts do not? It is often assumed that artists have a special bond with their artworks, but the nature of this bond, an...
Gender, crime and empire
Between 1803 and 1853, some 80,000 convicts were transported to Van Diemen’s Land. Revising established models of the colonies, which tend to depict convict women as a peculiarly oppressed group, Gender, crime and empire argues that convict men and women in fact shared much in common. Placing men and women, ideas about masculinity, femininity, sexuality and the body, in comparative perspective, this book argues that historians must take fuller account of class to understand the relationships between gender and power. The book explores the ways in which ideas about fatherhood and household order initially informed the state’s model of order, and the reasons why this foundered. It considers the shifting nature of state policies towards courtship, relationships and attempts at family formation which subsequently became matters of class conflict. It goes on to explore the ways in which ideas about gender and family informed liberal and humanitarian critiques of the colonies from the 1830s and 1840s and colonial demands for abolition and self-government.
Ko Taranaki Te Maunga
Parihaka was a place and an event that could be lost and found, over and over. It moved into view, then disappeared, just like the mountain. In 1881, over 1,500 colonial troops invaded the village of Parihaka near the Taranaki coast. Many people were expelled, buildings destroyed, and chiefs Te Whiti o Rongomai and Tohu Kākahi were jailed. In this BWB Text, Rachel Buchanan tells her own, deeply personal story of Parihaka. Beginning with the death of her father, a man with affiliations to many of Taranaki’s eight iwi, she describes her connection to Taranaki, the land and mountain; and the impact of confiscation. Buchanan discusses the apologies and settlements that have taken place since te pāhuatanga, the invasion of Parihaka.
The Impact of Climate Change Mitigation on Indigenous and Forest Communities
The international legal framework for valuing the carbon stored in forests, known as 'Reducing Emissions from Deforestation and Forest Degradation' (REDD+), will have a major impact on indigenous peoples and forest communities. The REDD+ regime contains many assumptions about the identity, tenure and rights of indigenous and local communities who inhabit, use or claim rights to forested lands. The authors bring together expert analysis of public international law, climate change treaties, property law, human rights and indigenous customary land tenure to provide a systemic account of the laws governing forest carbon sequestration and their interaction. Their work covers recent developments in climate change law, including the Agreement from the Conference of the Parties in Paris that came into force in 2016. The Impact of Climate Change Mitigation on Indigenous and Forest Communities is a rich and much-needed new contribution to contemporary understanding of this topic.
The Story of Scottish Art
The compelling story of over 5,000 years of Scottish art, told by Lachlan Goudie, renowned contemporary Scottish artist, broadcaster and presenter of BBC Four's 'The Story of Scottish Art'. This is the story of how Scotland has defined itself through its art over the past 5000 years, from the earliest enigmatic Neolithic symbols etched onto the landscape of Kilmartin Glen to Glasgow's fame as a centre of artistic innovation today. Lachlan Goudie brings his perspective and passion as a practising artist and broadcaster to narrate the joys and struggles of artists across the millennia striving to fulfil their vision and the dramatic transformations of Scottish society reflected in their art. T...
The Oxford Handbook of Global Legal Pluralism
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Who Belongs?
Who Belongs? tells the story of how in the late nineteenth and twentieth centuries, despite economic hardships and assimilationist pressures, six southern tribes insisted on their political identity as citizens of tribal nations and constructed tribally-specific citizenship criteria to establish legal identity that went beyond the dominant society's racial definitions of "Indian."
