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Author: Angela Cameron
Publisher: University of Toronto Press
ISBN: 148753213X
Category : Law
Languages : en
Pages : 385
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Book Description
While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.
Author: Angela Cameron
Publisher: University of Toronto Press
ISBN: 148753213X
Category : Law
Languages : en
Pages : 385
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Book Description
While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.
Author: Bain Attwood
Publisher: Cambridge University Press
ISBN: 1108478298
Category : History
Languages : en
Pages : 457
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Book Description
This book provides a strikingly original explanation of the Britain's treatment of sovereignty and native title in its Australasian colonies.
Author: Gregory Younging
Publisher: Brush Education
ISBN: 1550597167
Category : Language Arts & Disciplines
Languages : en
Pages : 162
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Book Description
Elements of Indigenous Style offers Indigenous writers and editors—and everyone creating works about Indigenous Peoples—the first published guide to common questions and issues of style and process. Everyone working in words or other media needs to read this important new reference, and to keep it nearby while they’re working. This guide features: - Twenty-two succinct style principles. - Advice on culturally appropriate publishing practices, including how to collaborate with Indigenous Peoples, when and how to seek the advice of Elders, and how to respect Indigenous Oral Traditions and Traditional Knowledge. - Terminology to use and to avoid. - Advice on specific editing issues, such as biased language, capitalization, and quoting from historical sources and archives. - Case studies of projects that illustrate best practices.
Author: Law Commission of Canada
Publisher: UBC Press
ISBN: 0774855770
Category : Law
Languages : en
Pages : 189
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Book Description
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.
Author: Allan Greer
Publisher: Cambridge University Press
ISBN: 1107160642
Category : Business & Economics
Languages : en
Pages : 469
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Book Description
Offers a new reading of the history of the colonization of North America and the dispossession of its indigenous peoples.
Author: Leon Terrill
Publisher: Routledge
ISBN: 1317525078
Category : Law
Languages : en
Pages : 317
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Book Description
Over the last decade, Australian governments have introduced a series of land reforms in communities on Indigenous land. This book is the first in-depth study of these significant and far reaching reforms. It explains how the reforms came about, what they do and their consequences for Indigenous landowners and community residents. It also revisits the rationale for their introduction and discusses the significant gap between public debate about the reforms and their actual impact. Drawing on international research, the book describes how it is necessary to move beyond the concepts of communal and individual ownership in order to understand the true significance of the reforms. The book's fresh perspective on land reform and careful assessment of key land reform theories will be of interest to scholars of indigenous land rights, land law, indigenous studies and aboriginal culture not only in Australia but also in any other country with an interest in indigenous land rights.
Author: Jérémie Gilbert
Publisher: BRILL
ISBN: 9047431308
Category : Law
Languages : en
Pages : 352
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Book Description
This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.
Author: Jamie Baxter
Publisher: UBC Press
ISBN: 0774863455
Category : Law
Languages : en
Pages : 226
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Book Description
As many Indigenous communities return to self-governance and self-determination, they are taking their own approaches to property rights and community development. Based on case studies in four Indigenous communities – the Westbank, Membertou, Nisga’a, and James Bay Cree nations – Jamie Baxter traces how local leaders have set the course for land rights and development during formative periods of legal and economic upheaval. Drawing on new research about institutional change in organizational settings, Baxter explores when and how community leaders have sustained inalienable land rights without turning to either persuasion or coercive force – the two levers of power normally associated with political leadership. Inalienable Properties challenges the view that liberalized land markets are the inevitable result of legal and economic change. It shows how inalienability can result from intentional choices and is linked to structures of decision-making that have long-lasting consequences for communities.
Author: Libby Porter
Publisher: Routledge
ISBN: 1317080165
Category : Political Science
Languages : en
Pages : 240
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Book Description
Planning is becoming one of the key battlegrounds for Indigenous people to negotiate meaningful articulation of their sovereign territorial and political rights, reigniting the essential tension that lies at the heart of Indigenous-settler relations. But what actually happens in the planning contact zone - when Indigenous demands for recognition of coexisting political authority over territory intersect with environmental and urban land-use planning systems in settler-colonial states? This book answers that question through a critical examination of planning contact zones in two settler-colonial states: Victoria, Australia and British Columbia, Canada. Comparing the experiences of four Indigenous communities who are challenging and renegotiating land-use planning in these places, the book breaks new ground in our understanding of contemporary Indigenous land justice politics. It is the first study to grapple with what it means for planning to engage with Indigenous peoples in major cities, and the first of its kind to compare the underlying conditions that produce very different outcomes in urban and non-urban planning contexts. In doing so, the book exposes the costs and limits of the liberal mode of recognition as it comes to be articulated through planning, challenging the received wisdom that participation and consultation can solve conflicts of sovereignty. This book lays the theoretical, methodological and practical groundwork for imagining what planning for coexistence might look like: a relational, decolonizing planning praxis where self-determining Indigenous peoples invite settler-colonial states to their planning table on their terms.
Author: Martin Case
Publisher:
ISBN: 9781681340906
Category : History
Languages : en
Pages : 0
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Book Description
How making treaties for land cessions with Native American nations transformed human relationships to the land and became a profitable family business.
