Indigenous Legal Issues


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Aboriginal Legal Issues


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Indigenous Legal Traditions


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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.




Law's Indigenous Ethics


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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.




Aboriginal Law Handbook


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Aboriginal Peoples and the Law


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Can Canada claim to be a just society for Indigenous peoples? To answer this question, and as part of the process of reconciliation, the Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. Aboriginal Peoples and the Law responds to that call, introducing readers with or without a legal background to modern Aboriginal law and outlining significant cases and decisions in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand relations between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. This critical analysis of the current state of the law makes the case that rather than leaving the judiciary to sort out what are essentially political issues, Canadian politicians need to take responsibility for this crucial aspect of building a just society.




Justice


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From its beginnings in the early 1970s, the Aboriginal Legal Service of Western Australia has been influential in national campaigns to address the legacies of dispossession and human rights abuses. It continues to play a central role in advocating for measures to address Aboriginal deaths in custody, land rights and stolen generations, not just in WA but as issues of national significance. A lively and multi-dimensional account, Justice: A History of the Aboriginal Legal Service of Western Australia shows the human face of some of the nations major social, political and legal reforms of the last four decades. It is the story of people determined to protect and defend the human rights of those Australians whose rights have been routinely abused.




The Oxford Handbook of Global Legal Pluralism


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"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--




ANNOTATED ABORIGINAL LAW


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