New PDF release: Declarations of Interdependence: A Legal Pluralist Approach

By Kirsten Anker

ISBN-10: 1409447375

ISBN-13: 9781409447375

This ebook takes up the postcolonial problem for legislations and explains how the issues of criminal popularity for Indigenous peoples are tied to an orthodox conception of legislations. developing a thought of felony pluralism that's either severe of law's epistemological and ontological presuppositions, in addition to discursive in attractive a discussion among felony traditions, Anker focusses on admired facets of felony discourse and strategy similar to sovereignty, facts, cultural translation and negotiation. With case stories and examples mostly drawn from Australia and Canada, the booklet seeks to set kingdom legislation in entrance of its personal mirrored image within the reflect of Indigenous rights, drawing on a huge base of scholarship as well as felony thought, from philosophy, literary reports, anthropology, social idea, Indigenous experiences and artwork. As a contribution to criminal thought, the learn advances felony pluralist methods not only through imagining the way to 'make house for' Indigenous felony traditions, yet through really operating with their insights in construction concept. The ebook could be of worth to scholars and researchers drawn to Indigenous rights in addition to these operating within the components of socio-legal reports, felony pluralism and legislations and cultural range.

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Extra resources for Declarations of Interdependence: A Legal Pluralist Approach to Indigenous Rights

Example text

John Borrows, an Anishanabek legal scholar from Canada, has a large body of work drawing on his peoples’ teachings and stories that collectively argues for an intermingling of Indigenous and Western jurisprudence (2002; 2005; 2010). And Yugambeh scholar Christine Black (2011) offers a theoretical frame worked up from Indigenous texts, stories, contemporary Western jurisprudence on law, film and popular culture and her own travels and experiences of country within which she suggests different Indigenous peoples can explore and consider their own legal regimes.

In sum, if the initial problems with the recognition of difference turn on the assimilative terms of recognition as something, the solution does not lie in choosing a different set of terms (‘ours’ rather than ‘yours’) because of the risk of reification and essentialism that come with ‘authenticity’. Recovering the dialogic, constitutive aspects of the terms of recognition, as Taylor’s ‘fusion of horizons’ tries to do, is an important rejoinder to ethnocentrism and reification, but it takes insufficient notice of the lop-sided dynamics of oppression.

Further, often there is a baseline built in to the legal system, such as the limited property mandate of the courts, a cultural prejudice against oral histories in evidence, or the doctrine of state sovereignty that excludes the normativity of Indigenous law. These stopping points are not just related to ignorance. They are symptoms of a third, larger problem with recognition: in the context of a continuing colonial relationship, the systematic treatment of Indigenous ways as inferior or unrecognizable is driven by a desire to maintain non-Indigenous control over the nation and its resources.

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Declarations of Interdependence: A Legal Pluralist Approach to Indigenous Rights by Kirsten Anker

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