Law and Philosophy

Canadian Law and Indigenous Self-Determination: A Naturalist Analysis

"For centuries, Canadian sovereignty has existed uneasily alongside forms of Indigenous legal and political authority. Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal and social landscape. Adopting a naturalist analysis, Gordon Christie responds to questions about how to theorize this legal phenomenon, and how the study of law should accommodate the presence of diverse perspectives.

Aboriginal societies and the common law :

"This book describes the encounter between the common law legal system and the tribal peoples of North America and Australasia. It is a history of the role of anglophone law in managing relations between the British settlers and indigenous peoples. That history runs from the plantation of Ireland and settlement of the New World to the end of the Twentieth century.

An appreciation of difference :

"WEH Stanner was a public intellectual whose work reached beyond the walls of the academy, and he remains a highly significant figure in Aboriginal affairs and Australian anthropology. Educated by Radcliffe-Brown in Sydney and Malinowski in London, he undertook anthropological work in Australia, Africa and the Pacific. Stanner contributed much to public understandings of the Dreaming and the significance of Aboriginal religion. His 1968 broadcast lectures, After the Dreaming, continue to be among the most widely quoted works in the field of Aboriginal studies.

The elusive promise of indigenous development :

"Around the world, indigenous peoples use international law to make claims for heritage, territory, and economic development. Karen Engle traces the history of these claims, considering the prevalence of particular legal frameworks and their costs and benefits for indigenous groups. Her vivid account highlights the dilemmas that accompany each legal strategy, as well as the persistent elusiveness of economic development for indigenous peoples.

The exclusions of civilization :

"This book builds upon an inter-disciplinary body of literature to detail the centrality of European colonialism and imperialism in the constitution of modern international relations. A critical historical analysis that challenges conventional assumptions about the evolution and expansion of international society, it addresses the interconnections between the European and non-European sides of that history. Pearcey argues that features of European expansion were guided by a discourse on civilization, one that subsumed the uncivilized Other within the boundaries of the civilized Self.

The challenge of legal pluralism :

"Within the Latin American context, legal pluralism is often depicted as a dichotomy between customary law and national law. In addition, the use of customary law alongside national law is frequently portrayed as a vehicle of resistance.