recovering canada the resurgence of indigenous law

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Recovering Canada

Author : John Borrows
ISBN : 9781487516758
Genre : Law
File Size : 34. 80 MB
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Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.

Recovering Canada

Author : John Borrows
ISBN : 0802085016
Genre : Law
File Size : 41. 42 MB
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John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach.

Recovering Canada

Author : John Borrows
ISBN : 9781442633933
Genre : Law
File Size : 28. 60 MB
Format : PDF, ePub, Mobi
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Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.

Drawing Out Law

Author : John Borrows
ISBN : 9781442610095
Genre : Law
File Size : 62. 51 MB
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Shedding light on Canadian law and policy as they relate to Indigenous peoples, Drawing Out Law illustrates past and present moral agency of Indigenous peoples and their approaches to the law and calls for the renewal of ancient Ojibway teaching in contemporary circumstances.

Canada S Indigenous Constitution

Author : John Borrows
ISBN : 9781442610385
Genre : Law
File Size : 20. 74 MB
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With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly."--pub. desc.

Freedom And Indigenous Constitutionalism

Author : John Borrows
ISBN : 9781442630956
Genre : Social Science
File Size : 45. 27 MB
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Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.

Restoring The Balance

Author : Gail Guthrie Valaskakis
ISBN : 9780887554124
Genre : Social Science
File Size : 65. 69 MB
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First Nations peoples believe the eagle flies with a female wing and a male wing, showing the importance of balance between the feminine and the masculine in all aspects of individual and community experiences. Centuries of colonization, however, have devalued the traditional roles of First Nations women, causing a great gender imbalance that limits the abilities of men, women, and their communities in achieving self-actualization.Restoring the Balance brings to light the work First Nations women have performed, and continue to perform, in cultural continuity and community development. It illustrates the challenges and successes they have had in the areas of law, politics, education, community healing, language, and art, while suggesting significant options for sustained improvement of individual, family, and community well-being. Written by fifteen Aboriginal scholars, activists, and community leaders, Restoring the Balance combines life histories and biographical accounts with historical and critical analyses grounded in traditional thought and approaches. It is a powerful and important book.

Indigenous Peoples And The Law

Author : Benjamin J. Richardson
ISBN : 1841137952
Genre : Law
File Size : 74. 20 MB
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Indigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples.The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory.Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places.

Aboriginal Legal Issues

Author : John Borrows
ISBN : 0433471018
Genre : Indians of North America
File Size : 38. 92 MB
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"This comprehensive casebook surveys the most important issues in Canadian law concerning Aboriginal peoples, contextualising them within their larger cultural, political and sociological framework.

The Right Relationship

Author : John Borrows
ISBN : 9781442630215
Genre : Indians of North America
File Size : 72. 49 MB
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In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century.

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