Field Research in Indigenous Law
Author : G. J.van Niekerk
Publisher :
Page : 112 pages
File Size : 39,89 MB
Release : 1991
Category : Customary law
ISBN :
Access to Justice
Author : Christina Jones-Pauly
Publisher : BRILL
Page : 278 pages
File Size : 49,21 MB
Release : 2002-11-27
Category : Law
ISBN : 9789041118806
Book Description
Ahmed Ibrahim Abu Shouk.
Critical Indigenous Rights Studies
Author : Giselle Corradi
Publisher : Routledge
Page : 238 pages
File Size : 15,75 MB
Release : 2018-08-17
Category : Law
ISBN : 135174755X
Book Description
The field of ‘critical indigenous rights studies’ is a complex one that benefits from an interdisciplinary perspective and a realist (as opposed to an idealised) approach to indigenous peoples. This book draws on sociology of law, anthropology, political sciences and legal sciences in order to address emerging issues in the study of indigenous rights and identify directions for future research. The first part of the volume investigates how changing identities and cultures impact rights protection, analysing how policies on development and land, and processes such as migration, interrelate with the mobilisation of identities and the realisation of rights. In the second part, new approaches related to indigenous peoples’ rights are scrutinised as to their potential and relevance. They include addressing legal tensions from an indigenous peoples’ rights perspective, creating space for counter-narratives on international law and designing new instruments. Throughout the text, case studies with wide geographical scope are presented, ranging from Latin America (the book’s focus) to Egypt, Rwanda and Scandinavia.
Indigenous Children’s Right to Participate in Law and Policy Development
Author : Holly Doel-Mackaway
Publisher : Routledge
Page : 252 pages
File Size : 12,18 MB
Release : 2021-09-28
Category : Law
ISBN : 1351342630
Book Description
This book presents a model for reforming and developing Indigenous related legislation and policy, not only in Australia, but also in other jurisdictions. The model provides guidance about how to seek, listen to and respond to the voices of Indigenous children and young people. The participation of Indigenous children and young people, when carried out in a culturally and age-appropriate way and based on free, prior and informed consent, is an invaluable resource capable of empowering children and young people and informing Indigenous related legislation and policy. This project contributes to the emerging field of robust, ethically sound, participatory research with Indigenous children and young people and proposes ways in which Australian and international legislators and policymakers can implement the principle of children’s participation by involving Aboriginal children and young people in the development of law and policy pertaining to their lives. This book provides accounts from Aboriginal children and young people detailing their views on how they can be involved in law and policy development in the future. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, legislators, and students in the fields of human rights law, children’s rights, participation rights, Indigenous peoples’ law, and family, child and social welfare law.
Research Handbook on the International Law of Indigenous Rights
Author : Newman, Dwight
Publisher : Edward Elgar Publishing
Page : 528 pages
File Size : 50,21 MB
Release : 2022-04-19
Category : Law
ISBN : 1788115791
Book Description
This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising in international Indigenous rights law.
Researching Indigenous Law. Legal Anthropology or Comparative Law?
Author : Stefan Kirchner
Publisher : GRIN Verlag
Page : 20 pages
File Size : 11,90 MB
Release : 2015-07-03
Category : Law
ISBN : 3668010927
Book Description
Essay from the year 2015 in the subject Law - Comparative Legal Systems, Comparative Law, , language: English, abstract: In developed countries, indigenous peoples are often portrayed as (noble) savages or as remnants from an other age. However, they are neither. While being different from the majority population, and all too often having been (and often continuing to be) oppressed, in recent years a change has become visible in the attitude towards indigenous peoples. Indigenous peoples are first of all that, peoples - with their own cultures and histories. It is because of their particular lifestyle and relationship with an other culture, that they are seen as different. However, more and more indigenous peoples are taken more seriously in their own right. In this essay the research of indigenous legal norms by outsiders is investigated from the perspective of indigenous rights. Based on a premise of respect for indigenous norms, issues such as benefit sharing and access to research results are discussed, as well as research ethics.
Traditional, National, and International Law and Indigenous Communities
Author : Marianne O. Nielsen
Publisher : University of Arizona Press
Page : 225 pages
File Size : 33,9 MB
Release : 2020-05-05
Category : Social Science
ISBN : 0816540411
Book Description
This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.
Law's Indigenous Ethics
Author : John Borrows
Publisher : University of Toronto Press
Page : 390 pages
File Size : 35,77 MB
Release : 2019-05-06
Category : Law
ISBN : 148753115X
Book Description
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.
Indigenous Justice
Author : Jennifer Hendry
Publisher : Springer
Page : 237 pages
File Size : 16,77 MB
Release : 2018-05-18
Category : Social Science
ISBN : 1137606452
Book Description
This highly topical collection of essays addresses contemporary issues facing Indigenous communities from a broad range of multi- and interdisciplinary perspectives. Drawing from across the social sciences and humanities, this important volume challenges the established norms, theories, and methodologies within the field, and argues for the potential of a multidimensional approach to solving problems of Indigenous justice. Stemming from an international conference on ‘Spaces of Indigenous Justice’, Indigenous Justice is richly illustrated with case studies and comprises contributions from scholars working across the fields of law, socio-legal studies, sociology, public policy, politico-legal theory, and Indigenous studies. As such, the editors of this timely and engaging volume draw upon a wide range of experience to argue for a radical shift in how we engage with Indigenous studies.
Research Methods in Indigenous Contexts
Author : Arnold Groh
Publisher : Springer
Page : 240 pages
File Size : 42,27 MB
Release : 2018-02-02
Category : Psychology
ISBN : 3319727761
Book Description
This forward-looking resource offers readers a modern contextual framework for conducting social science research with indigenous peoples. Foundational chapters summarize current UN-based standards for indigenous rights and autonomy, with their implications for research practice. Coverage goes on to detail minimally-invasive data-gathering methods, survey current training and competency issues, and consider the scientist’s role in research, particularly as a product of his/her own cultural background. From these guidelines and findings, students and professionals have a robust base for carrying out indigenous research that is valid and reliable as well as respectful and ethical. Among the topics covered: · Cultural theories and cultural dominance. · The legal framework of research in indigenous contexts. · The role of language within indigenous peoples’ cultural rights. · Methodology: how to optimally collect data in the field. · Researchers’ influence and philosophy of science. · Learning how to prepare research in indigenous contexts. Research Methods in Indigenous Contexts is an important reference benefitting a wide audience, including students and researchers in the social sciences, humanities, and psychology; decision-makers of NGOs and GOs that act with regard to humanitarian aid, for tourism projects, or any other contingency with indigenous contexts; and policymakers interested in the aspects of human activity upon which indigenous cultural concerns are based.
