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Creating Indigenous Property
Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics.
Intercultural Dispute Resolution in Aboriginal Contexts
In the last twenty years, there has been a growing interest in alternative dispute resolution (ADR), as scholars and practitioners seek more effective, context-sensitive approaches to conflict. Where formerly conflict was tackled and “resolved” in formal legal settings and with an adversarial spirit, more conciliatory approaches – negotiation, mediation, problem-solving, and arbitration – are now gaining favour. These new methods are proving especially appropriate in intercultural contexts, particularly for Aboriginal land claims, self-government, and community-based disputes. The essays collected here by Catherine Bell and David Kahane provide a balanced view of ADR, exploring its o...
Indigenous Legal Traditions
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. 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. Contributors include Andrée L...
Decolonizing Freedom
Freedom is celebrated as the definitive ideal of modern western civilization. Yet in western thought and practice, freedom has been defined through opposition to the unfreedom of most of the world's people. Allison Weir draws on Indigenous political theories and practices of decolonization in dialogue with western theories, to reconstruct a tradition of relational freedom as a distinctive political conception of freedom: a radically democratic mode of engagement and participation in social and political relations with an infinite range of strange and diverse beings perceived as free agents in interdependent relations in a shared world.
First Nations Cultural Heritage and Law
First Nations Cultural Heritage and Law explores First Nations perspectives on cultural heritage and issues of reform within and beyond Western law. Written in collaboration with First Nation partners, it contains seven case studies featuring indigenous concepts, legal orders, and encounters with legislation and negotiations; a national review essay; three chapters reflecting on major themes; and a self-reflective critique on the challenges of collaborative and intercultural research. Although the volume draws on specific First Nation experiences, it covers a wide range of topics of concern to Inuit, Metis, and other indigenous peoples.
Democratic Multiplicity
Discloses the radical diversity of the field of democracy that is overlooked by mainstream political science.
How to Account for Trauma and Emotions in Law Teaching
Subverting the narrative that the legal profession must be austere and controlled, this prescient How To guide addresses the crucial need for holistic, trauma-centred law teaching. It advocates for a healthier, more inclusive profession by identifying strategies to engage, and even encourage, emotions within legal education.
Indigenous Women and Feminism
Can the specific concerns of Indigenous women be addressed by mainstream feminism? Indigenous Women and Feminism proposes that a dynamic new line of inquiry – Indigenous feminism – is necessary to truly engage with the crucial issues of cultural identity, nationalism, and decolonization particular to Indigenous contexts. Through the lenses of politics, activism, and culture, this wide-ranging collection crosses disciplinary, national, academic, and activist boundaries to explore deeply the unique political and social positions of Indigenous women. A vital and sophisticated discussion, these timely essays will change the way we think about modern feminism and Indigenous women.
Creatures of Jurisprudence
To what extent can an animal constitute a ‘juridical species’? This highly original book considers how animals have been integral to law and to legal thinking. Going beyond the traditional approaches to animal rights and the question of whether non-human animals may be considered legal ‘subjects,’ this book follows two types of animal – bears and bees – and asks what existence these species have maintained in juridical thought. Uncovering surprising roles that the animals play in the imagination of and solution to jurisprudential problems, the book offers a counter-argument to the view that juridical thought reduces one’s appreciation for the singularity and independence of their lives. It shows, rather, that the animals exert a remarkable influence on the creative dimensions of law, offering a liveliness to it that is worthy of close attention. Contributing to new directions at the intersection of jurisprudence and human–animal studies, this book will appeal to those with interests in either of these areas.
Repatriation of Sacred Indigenous Cultural Heritage and the Law
This book examines the ways in which law can be used to structure the return of indigenous sacred cultural heritage to indigenous communities, referred to as repatriation in this volume. In particular, it aims at developing legal structures that align repatriation with contemporary international human rights standards. To do so, it gathers the most valuable lessons learned from different repatriation laws and frameworks adopted in the United States and Canada. In both countries, very different ways of approaching repatriation have been used for several decades, highlighting the context-dependent nature of repatriation. The volume is divided into four parts, looking first at international law...
