Kategoria BISAC: Law >> Indigenous Peoples

This volume's contributions highlight the legal practice by Courts through three insightful perspectives.
The first one addresses interpretative methods in civil and criminal law, beginning with Germany's Interessenjurisprudenz and its application in German courts. It then reviews the French judicial approach to interpreting civil and criminal texts and explores how the Supreme Court of Kazakhstan handles normative interpretation. The second perspective discusses constitutional control mechanisms, analyzing how the French Constitutional Council uses transitional interpretative...

Canada is often called a pluralist state, but few commentators view Aboriginal self-government from the perspective of political pluralism. Instead, Aboriginal identity is framed in terms of cultural and national traits, while self-government is taken to represent an Aboriginal desire to protect those traits. Shifting Boundaries challenges this view, arguing that it fosters a woefully incomplete understanding of the politics of self-government.

Using relational pluralism as a theoretical lens, Tim Schouls contends that Aboriginal self-government is better understood when an...

The sacred sites of indigenous peoples are under increasing threat worldwide. The threat's origin is traceable to state appropriation of control over their ancestral territories; its increase is fueled by insatiable demands on lands, waters, and natural resources. Because their sacred sites spiritually anchor their relationship with their lands, and because their relationship with their lands is at the core of their identities, threats to their sacred sites are effectively threats to indigenous peoples themselves.

In recent decades, First Nations peoples of Canada, like other...

Many people living far away from Indian reservations express sympathy for the poverty and misery experienced by Native Americans, yet, Thomas Biolsi argues, the problems faced by Native Americans are the results of white privilege.

In Deadliest Enemies, Biolsi connects the origins of racial tension between Indians and non-Indians on the Rosebud Reservation in South Dakota to federal laws, showing how the courts have created opposing political interests along race lines. Biolsi demonstrates that the court's definitions of legal rights--both constitutional and treaty...

This unique addition to the...