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Lords of the Land
  • Language: en

Lords of the Land

  • Categories: Law

The recognition and allocation of indigenous property rights have long posed complex questions for the imperial powers of the mid-nineteenth century and their modern successors. Recognizing rights of property raises questions about pre-existing indigenous authority and power over land that continue to trouble the people and governments of settler states. Through focusing on the settlement of New Zealand during the critical period of the 1830s through to the early 1860s, this book offers a fresh assessment of the histories of indigenous property rights and the jurisprudence of empire. It shows how native title became not only a key construct for relations between Empire and tribes, but how it...

Indigenous Peoples and the State
  • Language: en
  • Pages: 307

Indigenous Peoples and the State

  • Categories: Law

Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand’s Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.

Law and Politics in British Colonial Thought
  • Language: en
  • Pages: 498

Law and Politics in British Colonial Thought

  • Type: Book
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  • Published: 2010-11-08
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  • Publisher: Springer

A collection that focuses on the role of European law in colonial contexts and engages with recent treatments of this theme in known works written largely from within the framework of postcolonial studies, which implicitly discuss colonial deployments of European law and politics via the concept of ideology.

Multireligious Reflections on Friendship
  • Language: en
  • Pages: 251

Multireligious Reflections on Friendship

Multireligious Reflections on Friendship: Becoming Ourselves in Community presents a multi-religious discussion of spiritual and ethical formation through friendship. Contributors discuss the positive effects of friendship and some of the culturally diverse ways that friendships develop. Friends help us co-exist in diverse societies, live sustainably in our ecosystems, heal from trauma, develop inner virtues, engage wisely in social action, and connect with the divine. While friendship is a core human value, cultural traditions have used different tools to build friendships. For example, Indigenous communities emphasize reciprocity on the land; Jewish traditions encourage respect for study partners; Buddhist teachers suggest discernment in befriending; Christian texts speak of bringing God’s love into community. The fifteen scholars contributing to this book draw on the teachings of six different global traditions: Indigenous, Hindu, Jewish, Buddhist, Islamic, and Christian. Each scholar applies the tools of their tradition—reciprocity, respect, discernment, love, and more—to discuss how we might become our best selves in community.

Towards a Grammar of Race
  • Language: en
  • Pages: 221

Towards a Grammar of Race

A search for new ways to talk about race in Aotearoa New Zealand brought together this powerful group of scholars, writers and activists. For these authors, attempts to confront racism and racial violence often stall against a failure to see how power works through race, across our modern social worlds. The result is a country where racism is all too often left unnamed and unchecked, voices are erased, the colonial past ignored and silence passes for understanding. By 'bringing what is unspoken into focus', Towards a Grammar of Race seeks to articulate and confront ideas of race in Aotearoa New Zealand – an exploration that includes racial capitalism, colonialism, white supremacy, and anti...

Quasi-Constitutionality and Constitutional Statutes
  • Language: en
  • Pages: 320

Quasi-Constitutionality and Constitutional Statutes

  • Categories: Law
  • Type: Book
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  • Published: 2019-04-01
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  • Publisher: Routledge

This book examines the interstices among statutory enactment, constitutional convention and formal constitution in which quasi-constitutionality exists. It provides a focal resource that can serve as a point of reference for scholars interested in quasi-constitutionality as a whole, from national and transnational perspectives, expanding on its many forms, functions, and applications with recourse to comparative insights. The book is divided in three main Parts, each of them preceded by a separate critical introduction in which an informed scholar contextualizes the chapters and offers reflections on the themes they develop. The first Part, titled 'Forms', is composed of chapters that addres...

Law's Indigenous Ethics
  • Language: en
  • Pages: 390

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.

The Arabian Frontier of the British Raj
  • Language: en
  • Pages: 380

The Arabian Frontier of the British Raj

  • Type: Book
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  • Published: 2007-11-22
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  • Publisher: OUP Oxford

The Arabian Frontier of the British Raj is a study of one of the most forbidding frontier zones of Britain's Indian Empire. The Gulf Residency, responsible for Britain's relationship with Eastern Arabia and Southern Persia, was part of an extensive network of political residencies that surrounded and protected British India. Based on extensive archival research in both the Gulf and Britain, this book examines how Britain's Political Resident in the Gulf and his very small cadre of British officers maintained the Pax Britannica on the waters of the Gulf, protected British interests throughout the region, and managed political relations with the dozens of Arab rulers and governors on both shor...

War, the State and International Law in Seventeenth-Century Europe
  • Language: en
  • Pages: 288

War, the State and International Law in Seventeenth-Century Europe

  • Type: Book
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  • Published: 2016-02-17
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  • Publisher: Routledge

One of the great paradoxes of post-medieval Europe, is why instead of bringing peace to a disorganised and violent world, modernity instead produced a seemingly endless string of conflicts and social upheavals. Why was it that the foundation and institutionalisation of secured peace and the rule of law seemed to go hand-in-hand with the proliferation of war and the violation of individual and collective rights? In order to try to better understand such profound questions, this volume explores the history and theories of political thought of international relations in the seventeenth century, a period in which many of the defining features and boundaries of modern Europe where fixed and codif...

Making Legal History
  • Language: en
  • Pages: 331

Making Legal History

  • Categories: Law

The first book to address the way that the broad and inclusive subject of legal history is researched and written.