Indigenous Law And The Politics Of Kincentricity And Orality

Author : Amanda Kearney
Publisher : Springer Nature
ISBN 13 : 3031192397
Total Pages : 159 pages
Book Rating : 4.95/5 ( download)

DOWNLOAD NOW!

Download or read book Indigenous Law and the Politics of Kincentricity and Orality written by Amanda Kearney and published by Springer Nature. This book was released on 2023-04-11 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Marianne O. Nielsen
Publisher : University of Arizona Press
ISBN 13 : 0816540411
Total Pages : 225 pages
Book Rating : 4.19/5 ( download)

DOWNLOAD NOW!

Download or read book Traditional, National, and International Law and Indigenous Communities written by Marianne O. Nielsen and published by University of Arizona Press. This book was released on 2020-05-05 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Laurelyn Whitt
Publisher : Cambridge University Press
ISBN 13 : 1139479474
Total Pages : 285 pages
Book Rating : 4.79/5 ( download)

DOWNLOAD NOW!

Download or read book Science, Colonialism, and Indigenous Peoples written by Laurelyn Whitt and published by Cambridge University Press. This book was released on 2009-08-24 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Kathleen Birrell
Publisher : Routledge
ISBN 13 : 1317644816
Total Pages : 269 pages
Book Rating : 4.11/5 ( download)

DOWNLOAD NOW!

Download or read book Indigeneity: Before and Beyond the Law written by Kathleen Birrell and published by Routledge. This book was released on 2016-07-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Shea Elizabeth Esterling
Publisher : Taylor & Francis
ISBN 13 : 0429594585
Total Pages : 220 pages
Book Rating : 4.88/5 ( download)

DOWNLOAD NOW!

Download or read book Indigenous Cultural Property and International Law written by Shea Elizabeth Esterling and published by Taylor & Francis. This book was released on 2023-09-08 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Jennifer Anne Hamilton
Publisher : Taylor & Francis US
ISBN 13 : 9780415979047
Total Pages : 130 pages
Book Rating : 4.48/5 ( download)

DOWNLOAD NOW!

Download or read book Indigeneity in the Courtroom written by Jennifer Anne Hamilton and published by Taylor & Francis US. This book was released on 2009 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : John Borrows
Publisher : University of Toronto Press
ISBN 13 : 1442698535
Total Pages : 281 pages
Book Rating : 4.36/5 ( download)

DOWNLOAD NOW!

Download or read book Drawing Out Law written by John Borrows and published by University of Toronto Press. This book was released on 2010-04-17 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Anishinabek Nation's legal traditions are deeply embedded in many aspects of customary life. In Drawing Out Law, John Borrows (Kegedonce) skillfully juxtaposes Canadian legal policy and practice with the more broadly defined Anishinabek perception of law as it applies to community life, nature, and individuals. This innovative work combines fictional and non-fictional elements in a series of connected short stories that symbolize different ways of Anishinabek engagement with the world. Drawing on oral traditions, pictographic scrolls, dreams, common law case analysis, and philosophical reflection, Borrows' narrative explores issues of pressing importance to the future of indigenous law and offers readers new ways to think about the direction of Canadian law. 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. This is a major work by one of Canada's leading legal scholars, and an essential companion to Canada's Indigenous Constitution.

Author : Bradford Wilmot Morse
Publisher : De Gruyter Mouton
ISBN 13 : 9783110130782
Total Pages : 0 pages
Book Rating : 4.85/5 ( download)

DOWNLOAD NOW!

Download or read book Indigenous Law and the State written by Bradford Wilmot Morse and published by De Gruyter Mouton. This book was released on 1988 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : C.F. Black
Publisher : Routledge
ISBN 13 : 1136919732
Total Pages : 368 pages
Book Rating : 4.32/5 ( download)

DOWNLOAD NOW!

Download or read book The Land is the Source of the Law written by C.F. Black and published by Routledge. This book was released on 2010-10-04 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Land is the Source of Law brings an inter-jurisdictional dimension to the field of indigenous jurisprudence: comparing Indigenous legal regimes in New Zealand, the USA and Australia, it offers a ‘dialogical encounter with an Indigenous jurisprudence’ in which individuals are characterised by their rights and responsibilities into the Land. Though a relatively "new" field, indigenous jurisprudence is the product of the oldest continuous legal system in the world. Utilising a range of texts – films, novels, poetry, as well as "law stories" CF Black blends legality and narrative in order to redefine jurisprudentia in indigenous terms. This re-definition gives shape to the jurisprudential framework of the book: a shape that is not just abstract, but physical and metaphysical; a shape that is circular and concentric at the same time. The outer circle is the cosmology, so that the human never forgets that they are inside a universe – a universe that has a law. This law is found in the second circle which, whilst resembling the ancient Greek law of physis is a law based on relationship. This is a relationship that orders the placing of the individual in the innermost circle, and which structures their rights and responsibilities into the land. The jurisprudential texts which inform the theoretical framework of this book bring to our attention the urgent message that the Djang (primordial energy) is out of balance, and that the rebalancing of that Djang is up to the individual through their lawful behaviour, a behaviour which patterns them back into land. Thus, The Land is the Source of the Law concludes not only with a diagnosis of the cause of climate change, but a prescription which offers an alternative legal approach to global health.

Author : Tony Roberts
Publisher : University of Queensland Press
ISBN 13 : 0702240834
Total Pages : 350 pages
Book Rating : 4.36/5 ( download)

DOWNLOAD NOW!

Download or read book Frontier Justice written by Tony Roberts and published by University of Queensland Press. This book was released on 2005-02-01 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Frontier Justice is a very powerful and important book. It appears at a particularly significant time given the intense current debate about Aboriginal history. It is essential reading for anyone with an interest in the story of the Australian frontier.” Professor Henry Reynolds A challenging and illuminating history, Frontier Justice brings a fresh perspective to the Northern Territory’s remarkable frontier era. For the newcomer, the Gulf country—from the Queensland border to the overland telegraph line, and from the Barkly Tableland to the Roper River—was a harsh and in places impassable wilderness. To explorers like Leichhardt, it promised discovery, and to bold adventurers like the overlanders and pastoralists, a new start. For prospectors in their hundreds, it was a gateway to the riches of the Kimberley goldfields. To the 2,500 Aboriginal inhabitants, it was their physical and spiritual home. From the 1870s, with the opening of the Coast Track, cattlemen eager to lay claim to vast tracts of station land brought cattle in massive numbers and destruction to precious lagoons and fragile terrain. Black and white conflict escalated into unfettered violence and retaliation that would extend into the next century, displacing, and in some areas destroying, the original inhabitants. The vivid characters who people this meticulously researched and compelling history are indelibly etched from diaries and letters, archival records and eyewitness accounts. Included are maps with original place names, and previously unpublished photographs and illustrations. “A commanding study of race relations in the remote Gulf country. Tony Roberts uncovers compelling evidence of a litany of violence across some forty-odd years of rough borderlands dispossession in an encompassing, powerful and disturbing history.” Professor Raymond Evans