Kategoria BISAC: Law >> Indigenous Peoples

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...

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...

Oil and gas companies now recognize that industrial projects in the Canadian North can only succeed if Aboriginal communities are involved in decision-making processes. Where the Rivers Meet is an ethnographic account of Sahtu Dene involvement in the environmental assessment of the Mackenzie Gas Project, a massive pipeline that, if completed, would have unprecedented effects on Aboriginal communities. The book reveals that while there has been some progress in establishing avenues for Dene participation in decision making, the ultimate assessment of such projects remains rooted in...

Despite what major media sources say, violence against Native women is not an epidemic. An epidemic is biological and blameless. Violence against Native women is historical and political, bounded by oppression and colonial violence. This book, like all of Sarah Deer's work, is aimed at engaging the problem head-on--and ending it.

The Beginning and End of Rape collects and expands the powerful writings in which Deer, who played a crucial role in the reauthorization of the Violence Against Women Act in 2013, has advocated for cultural and legal reforms to protect Native...

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...

Law moves, whether we notice or not. Set amongst a spatial turn in the humanities, and jurisprudence more specifically, this book calls for a greater attention to legal movement, in both its technical and material forms. Despite various ways the spatial turn has been taken up in legal thought, questions of law, movement and its materialities are too often overlooked. This book addresses this oversight, and it does so through an attention to the materialities of legal movement. Paying attention to how law moves across different colonial and contemporary spaces, this book reveals there is a...

Oil and gas companies now recognize that industrial projects in the Canadian North can only succeed if Aboriginal communities are involved in decision-making processes. Where the Rivers Meet is an ethnographic account of Sahtu Dene involvement in the environmental assessment of the Mackenzie Gas Project, a massive pipeline that, if completed, would have unprecedented effects on Aboriginal communities. The book reveals that while there has been some progress in establishing avenues for Dene participation in decision making, the ultimate assessment of such projects remains rooted in...

This book explores the relationship between space, subjectivity, and property in order to invert conventional socio-legal understandings of property. Moreover, Sarah Keenan demonstrates that new political possibilities for property may be unveiled by thinking about property in terms of space and belonging, rather than exclusion.

Drawing on feminist and critical race theory, this book shifts focus away from the propertied subject and onto the broader spaces in and through which the propertied subject is located. Using case studies, such as analyses of compulsory leases under...

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 colonial...

More than 90 articles profiling solutions to the overincarceration of Aboriginal and Torres Strait Islander people have been published as part of the crowdfunded #JustJustice campaign.

This book compiles those articles, providing a significant intervention into public and policy debate about the overincarceration of Aboriginal and Torres Strait Islander people.