Download or read book Indigenous Legal Traditions written by Law Commission of Canada and published by UBC Press. This book was released on 2008 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Download or read book Indigenous Research Ethics written by Lily George and published by Emerald Group Publishing. This book was released on 2020-10-19 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: It’s important that research with indigenous peoples is ethically and methodologically relevant. This volume looks at challenges involved in this research and offers best practice guidelines to research communities, exploring how adherence to ethical research principles acknowledges and maintains the integrity of indigenous people and knowledge.

Download or read book Indigenous Peoples and International Trade written by John Borrows and published by Cambridge University Press. This book was released on 2020-06-18 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the Declaration also encompasses cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self-determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples' participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interventions at the World Trade Organization to developing a future precedent for a 'Trade and Indigenous Peoples Chapter', Indigenous peoples are asserting their right to patriciate in decision-making. The authors, both Indigenous and non-Indigenous experts on trade and investment legal, provide needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation.

Download or read book Law s Indigenous Ethics written by John Borrows and published by University of Toronto Press. This book was released on 2019-05-06 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.

Download or read book The Responsive Judge written by Tania Sourdin and published by Springer. This book was released on 2018-07-06 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the changing role of judges in courts, tribunals, and other forums across a variety of jurisdictions. With contributions by international experts in judicial administration and senior judicial figures, it provides a unique comparative perspective on the role of modern judges in a rapidly evolving environment and the pressures of effective judicial administration. The chapters are sourced from a Collaborative Research Network focused on innovations in judging, and sponsored by the international Law and Society Association. The book provides essential insights and perspectives for judges, judicial officers, and administrators, allowing them to respond to the challenges of the twenty-first century. It is also a valuable resource for legal practitioners and judicial experts, shedding light on the role of the modern judge and the strategies they employ.

Download or read book Aboriginal Law Bulletin written by and published by . This book was released on 1992 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Developing Restorative Justice Jurisprudence written by Tony Foley and published by Routledge. This book was released on 2016-04-22 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the requirements for a just response to criminal wrongdoing? Drawing on comparative and empirical analysis of existing models of global practice, this book offers an approach aimed at restricting the current limitations of criminal justice process and addressing the current deficiencies. Putting restoration squarely alongside other aims of justice responses, the author argues that only when restorative questions are taken into account can institutional responses be truly said to be just. Using the three primary jurisdictions of Australia, New Zealand and Canada, the book presents the leading examples of restorative justice practices incorporated in mainstream criminal justice systems from around the world. In conclusion, the work provides a fresh insight into how today’s criminal law might develop in order to bring restoration directly into the mix for tomorrow. This book will be of interest to undergraduates, postgraduate researchers and lecturers, as well as lawyers who work in the field of criminal law, criminologists, social scientists and philosophers interested in ideas of wrongdoing and criminal justice responses to criminal offending.

Download or read book Justice Indigenous Peoples and Canada written by Kathryn M. Campbell and published by Taylor & Francis. This book was released on 2023-12-19 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice, Indigenous Peoples, and Canada: A History of Courage and Resilience brings together the work of a number of leading researchers to provide a broad overview of criminal justice issues that Indigenous people in Canada have faced historically and continue to face today. Both Indigenous and Canadian scholars situate current issues of justice for Indigenous peoples, broadly defined, within the context of historical realities and ongoing developments. By examining how justice is defined, both from within Indigenous communities and outside of them, this volume examines the force of Constitutional reform and subsequent case law on Indigenous rights historically and in contemporary contexts. It then expands the discussion to include theoretical considerations, particularly settler colonialism, that help explain how ongoing oppressive and assimilationist agendas continue to affect how so-called "justice" is administered. From a critical perspective, the book examines the operation of the criminal justice system, through bail, specialized courts, policing, sentencing, incarceration and release. It explores legal frameworks as well as current issues that have significantly affected Indigenous peoples, such as the Truth and Reconciliation Commission, the Inquiry into Missing and Murdered Indigenous Women and Girls, human rights, resurgence and identity. This unique collection of perspectives exposes the disconcerting agenda of historical and modern-day Canadian federal government policy and the continued denial of Indigenous rights to self-determination. It is essential reading for those interested in the struggles of the Indigenous peoples in Canada as well as anyone studying race, crime and justice.

Download or read book American Indian Tribal Law written by Matthew L.M. Fletcher and published by Aspen Publishing. This book was released on 2020-02-02 with total page 1188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly every American Indian tribe has its own laws and courts. Taken together, these courts decide thousands of cases. Many span the full panoply of law—from criminal, civil, and probate cases, to divorce and environmental disputes.American Indian Tribal Law, now in its Second Edition, surveys the full spectrum of tribal justice systems. With cases, notes, and historical context, this text is ideal for courses on American Indian Law or Tribal Governments—and an essential orientation to legal practice within tribal jurisdictions. New to the Second Edition: A new chapter on professional responsibility and the regulation of lawyers in tribal jurisdictions Enhanced materials on Indian child welfare Additional materials on tribal laws that incorporate Indigenous language and culture Additional examples from tribal justice systems and practice Recent and noteworthy cases from tribal courts Professors and students will benefit from: A broad survey of dispute resolution systems within tribal jurisdictions A review of recent flashpoints in tribal law, such as internal tribal political matters, including intractable citizenship and election disputes enhanced criminal jurisdiction over nonmembers and non-Indians tribal constitutional reform, including a case study on the White Earth Nation Cases and material reflecting a wide range of American Indian tribes and legal issues Excerpts and commentary from a wellspring of current scholarship

Download or read book The Inherent Rights of Indigenous Peoples in International Law written by Antonietta Di Blase and published by Roma TrE-Press. This book was released on 2020-02-24 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations. DOI: 10.13134/978-88-32136-92-0

Download or read book Protecting Rights Without a Bill of Rights written by Jeffrey Goldsworthy and published by Routledge. This book was released on 2017-11-30 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australia is now the only major Anglophone country that has not adopted a Bill of Rights. Since 1982 Canada, New Zealand and the UK have all adopted either constitutional or statutory bills of rights. Australia, however, continues to rely on common law, statutes dealing with specific issues such as racial and sexual discrimination, a generally tolerant society and a vibrant democracy. This book focuses on the protection of human rights in Australia and includes international perspectives for the purpose of comparison and it provides an examination of how well Australian institutions, governments, legislatures, courts and tribunals have performed in protecting human rights in the absence of a Bill of Rights.

Download or read book Mastering American Indian Law written by Angelique Townsend EagleWoman and published by . This book was released on 2019 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition keeps pace with legal developments in policy, federal law, and court decisions, while it continues to fill a unique niche as a primary and secondary text for courses in the field. Updates are provided for key developments such as the recent U.S. Supreme Court decision on tribal sovereign immunity and the release of the U.S. Bureau of Indian Affairs Guidelines on the interpretation of the Indian Child Welfare Act. A new chapter on Ethics and Professional Responsibility in Indian Law Practice is included. -- from publisher's website.

Download or read book Legal Accents Legal Borrowing written by James L. Nolan Jr. and published by Princeton University Press. This book was released on 2009-04-20 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: A wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts--including drug courts, community courts, domestic violence courts, and mental health courts--do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia. Looking at the various ways in which problem-solving courts have been taken up in these countries, James Nolan finds that while importers often see themselves as adapting the American courts to suit local conditions, they may actually be taking in more aspects of American law and culture than they realize or desire. In the countries that adopt them, problem-solving courts may in fact fundamentally challenge traditional ideas about justice. Based on ethnographic research in all six countries, the book examines these cases of legal borrowing for what they reveal about legal and cultural differences, the inextricable tie between law and culture, the processes of globalization, the unique but contested global role of the United States, and the changing face of law and justice around the world.

Download or read book Canada s Indigenous Constitution written by John Borrows and published by University of Toronto Press. This book was released on 2010-03-06 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a broader acceptance of Indigenous legal traditions. With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly. This is a major work by one of Canada's leading legal scholars, and an essential companion to Drawing Out Law: A Spirit's Guide.

Download or read book Breaking Anonymity written by The Chilly Collective and published by Wilfrid Laurier Univ. Press. This book was released on 2006-01-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across North America a growing body of “chilly climate” research documents the role played by environmental factors in reproducing gender inequality: practices that stereotype, exclude and devalue women are persistently powerful forces in creating “glass ceilings” and maintaining “pink ghettos.” Women academics in North American universities and colleges offer an especially striking case for such research. Precisely because of their elite status, the accounts now emerging of the “chilly climate” faced by academic women throw into sharp relief the mechanisms that foster gender inequity throughout North American society. Collected in this volume are a number of reports and commentaries on “climate issues” as they affect women faculty in Canadian universities. They include Sheila McIntyre’s Memo, an account of gender harassment in the context of a law school that was first circulated in 1986; two reports by and about women faculty at the University of Western Ontario that were inspired by McIntyre’s Memo; accounts of the reactions of male colleagues, the administration and the media to “climate” studies; and several chapters that critically reframe the discussion of chilly climate practices in terms of questions of race and sexual identity. Taken together, these reports and discussions demonstrate the importance of addressing the environmental roots of women’s continuing inequity both within and outside contemporary academia. They communicate specific experiences which testify to the existence of a chilly climate in our universities, and call into question any supposition that women and men have achieved equity to the degree that they could be said to work in “the same” environment in these institutions.

Download or read book Facing the Future written by Matthew L. M. Fletcher and published by American Indian Studies. This book was released on 2009 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1978, Congress enacted the Indian Child Welfare Act (ICWA), with the intent to "protect the best interests of Indian children and to promote the stability and security of Indian tribes and families." The history of the Act is a tangle of legal, social, and emotional complications. This collection brings together for the first time a multidisciplinary assessment of the law — with scholars, practitioners, lawyers, and social workers all offering perspectives on the value and importance of the Indian Child Welfare Act.

Download or read book Sand Talk written by Tyson Yunkaporta and published by HarperCollins. This book was released on 2020-05-12 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: A paradigm-shifting book in the vein of Sapiens that brings a crucial Indigenous perspective to historical and cultural issues of history, education, money, power, and sustainability—and offers a new template for living. As an indigenous person, Tyson Yunkaporta looks at global systems from a unique perspective, one tied to the natural and spiritual world. In considering how contemporary life diverges from the pattern of creation, he raises important questions. How does this affect us? How can we do things differently? In this thoughtful, culturally rich, mind-expanding book, he provides answers. Yunkaporta’s writing process begins with images. Honoring indigenous traditions, he makes carvings of what he wants to say, channeling his thoughts through symbols and diagrams rather than words. He yarns with people, looking for ways to connect images and stories with place and relationship to create a coherent world view, and he uses sand talk, the Aboriginal custom of drawing images on the ground to convey knowledge. In Sand Talk, he provides a new model for our everyday lives. Rich in ideas and inspiration, it explains how lines and symbols and shapes can help us make sense of the world. It’s about how we learn and how we remember. It’s about talking to everyone and listening carefully. It’s about finding different ways to look at things. Most of all it’s about a very special way of thinking, of learning to see from a native perspective, one that is spiritually and physically tied to the earth around us, and how it can save our world. Sand Talk include 22 black-and-white illustrations that add depth to the text.