Kategoria BISAC: Law >> Indigenous Peoples

Many liberal theorists consider group identity claims a necessary condition of equality in Canada, but do these claims do more harm than good? To answer this question, Caroline Dick examines the identity-driven theories of Charles Taylor, Will Kymlicka, and Avigail Eisenberg in the context of Sawridge Band v. Canada, a case which sets a First Nation's right to self-determination against indigenous women's right to equality. The concept of identity itself is not the problem, Dick argues, but rather the way in which prevailing conceptions of identity and group rights obscure intragroup...

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...

..". a solid contribution to the understanding of the relationship between Amazonian notions and contemporary international legal concepts of human rights ... (that) could become a reference text to be used in similar negotiations with other indigenous peoples." - L. E. Belaunde, University of Durham

The Arakmbut are an indigenous people who live in the Madre de Dios region of the southeastern Peruvian rain forest. Since their first encounters with missionaries in the 1950s, they have shown resilience and a determination to affirm their identity in the face of many difficulties. During...

Many liberal theorists consider group identity claims a necessary condition of equality in Canada, but do these claims do more harm than good? To answer this question, Caroline Dick examines the identity-driven theories of Charles Taylor, Will Kymlicka, and Avigail Eisenberg in the context of Sawridge Band v. Canada, a case which sets a First Nation's right to self-determination against indigenous women's right to equality. The concept of identity itself is not the problem, Dick argues, but rather the way in which prevailing conceptions of identity and group rights obscure intragroup...

This handbook is a comprehensive interdisciplinary overview of indigenous peoples rights. Chapters by experts in the field examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the centre of debates on the rights of indigenous peoples. The book addresses not only the major questions, such as Who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity,...

In his lead essay, Tully applies his distinctive philosophy to the global field of citizenship. The second part of the book contains responses from influential interlocutors including Bonnie Honig and Marc Stears, David Owen and Adam Dunn, Aletta Norval, Antony Laden, and Duncan Bell. These provide a commentary not just on the ideas contained in this volume, but on Tully's approach to political philosophy more generally, thus making the book an ideal first source for academics and students wishing to engage with Tully's work. The volume closes with a response from Tully to his...

In his lead essay, Tully applies his distinctive philosophy to the global field of citizenship. The second part of the book contains responses from influential interlocutors including Bonnie Honig and Marc Stears, David Owen and Adam Dunn, Aletta Norval, Antony Laden, and Duncan Bell. These provide a commentary not just on the ideas contained in this volume, but on Tully's approach to political philosophy more generally, thus making the book an ideal first source for academics and students wishing to engage with Tully's work. The volume closes with a response from Tully to his...

The political concept of recognition has introduced new ways of thinking about the relationship between minorities and justice in plural societies. But is a politics informed by recognition valuable to minorities today? Critics contend that relations of recognition allow dominant groups to distort and essentialize the cultures of minorities, and to co-opt them through promises for modest reforms rather than deeper structural changes to political systems which are unjust. In contrast, struggles for self-determination promise freedom from the constraints one group imposes on another. But...

Legal primitivism was a complex phenomenon that combined the study of early European legal traditions with studies of the legal customs of indigenous peoples. Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology explores the rise and fall of legal primitivism, and its connection to the colonial encounter. Through examples such as blood feuds, communalism, ordeals, ritual formalism and polygamy, this book traces the intellectual revolution of legal anthropology and demonstrates how this scholarship had a clear impact in legitimating the...