Indigenous Law and the Politics of Kincentricity and Orality PDF Download
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Author: Amanda Kearney
Publisher: Springer Nature
ISBN: 3031192397
Category : Social Science
Languages : en
Pages : 159
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Book Description
This Palgrave Pivot strives to recount and understand Indigenous Law, as set within a remote community in northern Australia. It pays close attention to the realpolitik and high-level political functioning of Indigenous Laws, which inspires a discussion of how this Law models the relational, influences governance and emplaces people in an ordered kincentric lifeworld. The book argues that Indigenous Law can be examined for the ways in which it is a deliberate, stabilizing and powerful force to maintain communal order in relation to Country, a counter framing to popular and ‘soft law or soft power asset’ visions of such Laws often held in the national and international imaginary. It is the latter which too often renders this knowledge esoteric and relinquishes it to a category of lore or folklore. This is an open access book.
Author: Amanda Kearney
Publisher: Springer Nature
ISBN: 3031192397
Category : Social Science
Languages : en
Pages : 159
Get Book
Book Description
This Palgrave Pivot strives to recount and understand Indigenous Law, as set within a remote community in northern Australia. It pays close attention to the realpolitik and high-level political functioning of Indigenous Laws, which inspires a discussion of how this Law models the relational, influences governance and emplaces people in an ordered kincentric lifeworld. The book argues that Indigenous Law can be examined for the ways in which it is a deliberate, stabilizing and powerful force to maintain communal order in relation to Country, a counter framing to popular and ‘soft law or soft power asset’ visions of such Laws often held in the national and international imaginary. It is the latter which too often renders this knowledge esoteric and relinquishes it to a category of lore or folklore. This is an open access book.
Author: Laurelyn Whitt
Publisher: Cambridge University Press
ISBN: 1139479474
Category : Law
Languages : en
Pages : 285
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Book Description
At the intersection of indigenous studies, science studies, and legal studies lies a tense web of political issues of vital concern for the survival of indigenous nations. Numerous historians of science have documented the vital role of late-eighteenth- and nineteenth-century science as a part of statecraft, a means of extending empire. This book follows imperialism into the present, demonstrating how pursuit of knowledge of the natural world impacts, and is impacted by, indigenous peoples rather than nation-states. In extractive biocolonialism, the valued genetic resources, and associated agricultural and medicinal knowledge, of indigenous peoples are sought, legally converted into private intellectual property, transformed into commodities, and then placed for sale in genetic marketplaces. Science, Colonialism, and Indigenous Peoples critically examines these developments, demonstrating how contemporary relations between indigenous and Western knowledge systems continue to be shaped by the dynamics of power, the politics of property, and the apologetics of law.
Author: Jennifer Anne Hamilton
Publisher: Taylor & Francis US
ISBN: 9780415979047
Category : Law
Languages : en
Pages : 130
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Book Description
The central question of this book is when and how does indigeneity in its various iterations – cultural, social, political, economic, even genetic – matter in a legal sense? Indigeneity in the Courtroom focuses on the legal deployment of indigenous difference in US and Canadian courts in the late 20th and early 21st centuries. Through ethnographic and historical research, Hamilton traces dimensions of indigeneity through close readings of four legal cases, each of which raises important questions about law, culture, and the production of difference. She looks at the realm of law, seeking to understand how indigeneity is legally produced and to apprehend its broader political and economic implications.
Author: Kathleen Birrell
Publisher: Routledge
ISBN: 1317644816
Category : Law
Languages : en
Pages : 269
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Book Description
Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the animation of indigeneities within textual imaginaries, both literary and juridical. Engaging the philosophy of Jacques Derrida and Walter Benjamin, as well as other continental philosophy and critical legal theory, the book uniquely addresses the troubled juxtaposition of law and justice in the context of Indigenous legal claims and literary expressions, discourses of rights and recognition, postcolonialism and resistance in settler nation states, and the mutually constitutive relation between law and literature. Ultimately, the book suggests no less than a literary revolution, and the reassertion of Indigenous Law. To date, the oppressive specificity with which Indigenous peoples have been defined in international and domestic law has not been subject to the scrutiny undertaken in this book. As an interdisciplinary engagement with a variety of scholarly approaches, this book will appeal to a broad variety of legal and humanist scholars concerned with the intersections between Indigenous peoples and law, including those engaged in critical legal studies and legal philosophy, sociolegal studies, human rights and native title law.
Author: Seán Patrick Eudaily
Publisher: Routledge
ISBN: 113593150X
Category : Political Science
Languages : en
Pages : 476
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Book Description
This work applies Jacques Derrida's framework of "spectropolitics" to (post)coloniality in order to investigate the emergence of indigenous peoples' movements, advances a poststructural approach to the analysis of liberal politics based upon the historical sociology of Michel Foucault, and critically engages the literatures on ethnic politics, critical legal studies, and multicultural democracy. In addition, two historical case dossiers (the Mabo v. Queensland decision and its aftermath in Australia; and the diverse legal strategies of First Nations activism in Canada following the Delgamuukw v. B.C. decision) focus on the "strategic space" in which new indigenous political identities are produced and performed.
Author: Shea Elizabeth Esterling
Publisher: Taylor & Francis
ISBN: 0429594585
Category : Law
Languages : en
Pages : 220
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Book Description
Examining the restitution of cultural property to Indigenous Peoples in human rights law, this book offers a detailed analysis of the opportunities and constraints of international law as a tool of resistance and social transformation for marginalized groups. In accordance with an increasing insistence on respect for diverse cultures, and through their own international mobilization, Indigenous Peoples have participated in the construction of a distinct human rights framework. Significant academic inquiry has focused on the substantive gains made by Indigenous Peoples in this context; along with its impact on a body of law that had previously denied Indigenous Peoples a basis for claims to their own cultural materials and practices. Accordingly, this book acknowledges that Indigenous Peoples, as non-state actors, have generated greater substantive and procedural legitimacy in human rights law making. Offering normative insights into the participation of non-state actors in international law making, it also, however, demonstrates that, despite their significant role in constructing the legal framework of human rights in the 21st century, the participation of Indigenous Peoples continues to be structurally limited. With its interdisciplinary approach to the field, this book will appeal to scholars and students in the fields of law, politics, anthropology and indigenous studies.
Author: Patrick Thornberry
Publisher: Manchester University Press
ISBN: 1847795145
Category : Political Science
Languages : en
Pages : 502
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Book Description
This study of the rights of indigenous peoples looks at the historical, cultural, and legal background to the position of indigenous peoples in different cultures, including America, Africa and Australia. It defines "indigenous peoples" and looks at their position in international law.
Author: Rhiannon Morgan
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754674450
Category : Political Science
Languages : en
Pages : 218
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Book Description
"In the past thirty or so years, discussions of the status and rights of indigenous peoples have come to the forefront of the United Nations human rights agenda. During this period, indigenous peoples have emerged as legitimate subjects of international law with rights to exist as distinct peoples. At the same time, we have witnessed the establishment of a number of UN fora and mechanisms on indigenous issues, including the UN Permanent Forum on Indigenous Issues, all pointing to the importance that the UN has come to place on the promotion and protection of indigenous peoples' rights. Morgan describes, analyses, and evaluates the efforts of the global indigenous movement to engender changes in UN discourse and international law on indigenous peoples' rights and to bring about certain institutional developments reflective of a heightened international concern. By the same token, focusing on the interaction of the global indigenous movement with the UN system, this book examines the reverse influence, that is, the ways in which interacting with the UN system has influenced the claims, tactical repertoires, and organizational structures of the movement"--Provided by publisher.
Author: Bradford Wilmot Morse
Publisher: De Gruyter Mouton
ISBN: 9783110130782
Category : Law
Languages : en
Pages : 0
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Book Description
Author: Giselle Corradi
Publisher:
ISBN: 9781351747547
Category : Indigenous peoples
Languages : en
Pages : 238
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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, how 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.
