Canadian law and indigenous self-determination : a naturalist analysis
https://archives.whyte.org/en/permalink/catalogue25724
- Medium
- Library - Book (including soft-cover and pamphlets)
- Published Date
- 2019
- Author
- Christie, Gordon
- Publisher
- Toronto ; Buffalo ; London : University of Toronto Press
- Call Number
- 07.2 C46c
- Author
- Christie, Gordon
- Publisher
- Toronto ; Buffalo ; London : University of Toronto Press
- Published Date
- 2019
- Physical Description
- vi, 440 pages ; 23 cm
- Abstract
- 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. Exploring the socially-constructed nature of Canadian law, Christie reveals how legal meaning, understood to be the outcome of a specific society, is being reworked to devalue the capacities of Indigenous societies. Addressing liberal positivism and critical postcolonial theory, Canadian Law and Indigenous Self-Determination considers the way in which Canadian jurists, working within a world circumscribed by liberal thought, have deployed the law in such a way as to attempt to remove Indigenous meaning-generating capacity. -- Provided by publisher.
- Contents
- Setting the stage -- Canadian law and its puzzles -- Differing understandings and the way forward -- Remarks on theorizing and method -- Problems with theorizing about the law -- Liberal positivism and aboriginal rights -- Characterizing and defining 'existing' aboriginal rights -- The place of aboriginal rights in Canada -- Postcolonial theory and aboriginal law.
- ISBN
- 9781442628991
- Accession Number
- P2023.12
- Call Number
- 07.2 C46c
- Collection
- Archives Library
This material is presented as originally created; it may contain outdated cultural descriptions and
potentially offensive content.
Read more.