Download or read book Multijuralism written by Albert Breton and published by Routledge. This book was released on 2017-11-28 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: At one level of generality, multijuralism is the coexistence of two or more legal systems or sub-systems within a broader normative legal order to which they adhere, such as the existence of civil and common law systems within the EU. However, at a finer level of analysis multijuralism is a more widespread or common phenomenon and a more fluid reality than the civil law/common law distinction suggests. The papers in this study are therefore rooted in the latter frame of reference. They explore various types of multijural manifestations from the harmonizing potential of international treaties to indigenous law and the use of hard and soft pluralism. In addition, the authors consider the external events which are not part of the processes of multijural adjustment but which serve to influence these processes. Included among these important external events are European integration, the growing importance accorded to human rights, the international practice of law, the growth of the Internet, the globalization of markets and the flow of immigrants. This volume represents some of the most current thinking in the area of multijuralism and is essential reading for anyone interested in the coexistence of legal systems or sub-systems.
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 Aboriginal Rights and Self government written by Curtis Cook and published by McGill-Queen's Press - MQUP. This book was released on 2000 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely study of the Aboriginal rights movements, this collection of essays explores the situation in Canada and Mexico, where demands by Native peoples for political autonomy and sovereignty are increasing, and suggests why there is little corresponding activity in the United States. The contributors address practical questions about the viability of multiple governments within one political system and epistemological questions about recognizing and understanding the "other." Curtis Cook is professor of political science, The Colorado College. Juan D. Lindau is professor of political science, The Colorado College.
Download or read book Tracings of Gerald Le Dain s Life in the Law written by G. Blaine Baker and published by McGill-Queen's Press - MQUP. This book was released on 2019-05-30 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gerald Le Dain (1924–2007) was appointed to the Supreme Court of Canada in 1984. This collectively written biography traces fifty years of his steady, creative, and conciliatory involvement with military service, the legal academy, legislative reform, university administration, and judicial decision-making. This book assembles contributions from the in-house historian of the law firm where Le Dain first practised, from students and colleagues in the law schools where he taught, from a research associate in his Commission of Inquiry into the non-medical use of drugs, from two of his successors on the Federal Court of Appeal, and from three judicial clerks to Le Dain at the Supreme Court of Canada. Also reproduced here is a transcript of a recent CBC documentary about his 1988 forced resignation from the Supreme Court following a short-term depressive illness, with commentary from Le Dain’s family and co-workers. Gerald Le Dain was a tireless worker and a highly respected judge. In a series of essays that cover the different periods and dimensions of his career, Tracings of Gerald Le Dain’s Life in the Law is an important and compassionate account of one man's commitment to the law in Canada. Contributors include Harry W. Arthurs, G. Blaine Baker, Bonnie Brown, Rosemary Cairns-Way, John M. Evans, Melvyn Green, Bernard J. Hibbitts, Peter W. Hogg, Richard A. Janda, C. Ian Kyer, Andree Lajoie, Gerald E. Le Dain, Allen M. Linden, Roderick A. Macdonald, Louise Rolland, and Stephen A. Scott.
Download or read book An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach written by Robert Mainville and published by UBC Press. This book was released on 2001-04-01 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights. The author points out that Aboriginal rights include more than Aboriginal title, and stresses the fiduciary relationship between the federal government and Aboriginal peoples. He also discusses the impact of the Canadian constitution on Aboriginal rights, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. The heart of this book deals with the complex question of compensation for the infringement of Aboriginal and treaty rights. The author begins with the Canadian law of expropriation but argues that, while these principles can provide guidelines for compensation, expropriation law is inadequate to address the issue fully. He then examines American jurisprudence and concludes that the American experience, which involves complex legal maneuverings and narrowly applied principles, has not always led to justice for Native Americans. Against this background, Mr. Mainville sets out clear and practical principles for determining appropriate compensation when Aboriginal or treaty rights are breached. These principles include: considering the government's fiduciary obligation; applying uniform compensation principles across the country; adequately assessing the impact of the breach on the Aboriginal community as a whole; considering the benefits derived by the Crown and third parties; the need for structured compensation schemes that do not necessarily meet mathematically accurate tests; and assessing third party responsibility for compensation.
Download or read book Les pluralismes juridiques written by and published by KARTHALA Editions. This book was released on 2004 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Le statut juridique des peuples autochtones au Qu bec et le pluralisme written by Andrée Lajoie and published by Cowansville, Québec : Éditions Y. Blais. This book was released on 1996 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Identity Captured by Law written by Sébastien Grammond and published by McGill-Queen's Press - MQUP. This book was released on 2009 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the law decides who the members of minority groups are while avoiding discrimination and respecting self-determination.
Download or read book Essays in the History of Canadian Law written by G. Blaine Baker and published by University of Toronto Press. This book was released on 1981-01-01 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women's studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.
Download or read book La qu te anthropologique du droit written by Christoph Eberhard and published by KARTHALA Editions. This book was released on 2006 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le monde change et avec lui nos manières de penser le droit. Comment comprendre les transformations juridiques contemporaines ? Quel sens leur donner à l'âge de la globalisation ? Comment aborder le droit comme un révélateur de nos manières de vivre ensemble autant que comme l'un des outils de leur mise en forme ? Ces questions centrales à la démarche anthropologique d'Etienne Le Roy, l'un des bâtisseurs de l'anthropologie du droit française, sont éclairées dans cet ouvrage à travers des études enracinées sur les cinq continents et privilégiant la dimension anthropologique du droit. Les auteurs abordent les défis qui se présentent à un droit de plus en plus inscrit entre global et local et s'interrogent sur les métamorphoses contemporaines de l'Etat et de la Justice. Loin d'une anthropologie " exotique " ce sont les enjeux contemporains des restructurations juridiques, politiques et économiques dans la rencontre des cultures qui sont abordés. Les questionnements théoriques ainsi que les études de terrain inscrites dans les champs de recherche privilégiés de l'anthropologie du droit tels que le foncier et la gestion des ressources naturelles, la médiation et les modes alternatifs de règlement des conflits reflètent les évolutions les plus récentes dans le domaine et offrent un panorama des recherches et enjeux dans le champ de l'anthropologie du droit. Ces analyses qui partagent toutes la vision d'Etienne Le Roy selon lequel " le droit est moins ce qu'en disent les textes que ce qu'en font les acteurs " contribuent à mieux comprendre le monde dans lequel nous vivons et à éclairer les questions brûlantes que constituent aujourd'hui la gouvernance et le développement durable dans une mondialisation respectueuse de la diversité des cultures et sensible aux réalités de terrain.
Download or read book Empire by Treaty written by Saliha Belmessous and published by Oxford University Press, USA. This book was released on 2015 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Empire by Treaty: Negotiating European Expansion, 1600-1900 includes indigenous voices in the debate over European appropriation of overseas territories. It is concerned with European efforts to negotiate with indigenous peoples the cession of their sovereignty through treaties.
Download or read book Aboriginality and Governance written by Gordon Christie (LL. B.) and published by Penticton, B.C. : Theytus Books. This book was released on 2006 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: he articles show the immense complexity of Aboriginal governance as it develops within an Aboriginal modernity consisting of ideas from all three foundational pillars: English, French and Aboriginal. This is an essential collection that illustrates the key governance debates and themes, both within Aboriginal and Canadian political communities.
Download or read book International Law and Nomadic People written by Marco Moretti and published by Author House. This book was released on 2012-06-27 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nomadic people, have over the years, been subject to prejudice and negative thinking by sedentarised societies as well as by political and legislative systems. It was finally only in the 1970s that international lawyers began to reassess the status of these peoples, to recognise their rights and above all, to protect them. In his thesis Marco Moretti defines the relationship between nomadic people and law-makers between the 16th and 19th centuries. This is followed by establishing the evolution of the human rights movement, recognising peoples who are not state-entities and therefore giving place for the existence of nomadic people worldwide.
Download or read book Stories of Oka written by Isabelle St. Amand and published by Univ. of Manitoba Press. This book was released on 2018-05-04 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the summer of 1990, the Oka Crisis—or the Kanehsatake Resistance—exposed a rupture in the relationships between settlers and Indigenous peoples in Canada. In the wake of the failure of the Meech Lake Accord, the conflict made visible a contemporary Indigenous presence that Canadian society had imagined was on the verge of disappearance. The 78-day standoff also reactivated a long history of Indigenous people’s resistance to colonial policies aimed at assimilation and land appropriation. The land dispute at the core of this conflict raises obvious political and judicial issues, but it is also part of a wider context that incites us to fully consider the ways in which histories are performed, called upon, staged, told, imagined, and interpreted. Stories of Oka: Land, Film, and Literature examines the standoff in relation to film and literary narratives, both Indigenous and non-Indigenous. This new English edition of St-Amand’s interdisciplinary, intercultural, and multi-perspective work offers a framework for thinking through the relationships that both unite and oppose settler societies and Indigenous peoples in Canada.
Download or read book The Indigenous Experience written by Roger Maaka and published by Canadian Scholars’ Press. This book was released on 2006 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Indigenous Experience: Global Perspectives is the first book of its kind. In attempting to present the reader with some of the richness and heterogeneity of Indigenous colonial experiences, the articles featured in this provocative new volume constitute a broad survey of Indigenous Peoples from around the globe. Examples are drawn from the North American nations of Canada and the United States; the Hispanic nations of Latin America; Australia; New Zealand; Hawaii and Rapanui from Oceania; from Northern Europe and the circumpolar region, Norway; and from the continent of Africa, an example from Nigeria. The readings focus on the broader issues of indigeneity in globalization; the book is organized by universal themes that stretch across national and geographic boundaries: The processes of colonization that include conquest, slavery, and dependence ; Colonialism, genocide, and the problem of intention ; Social constructs, myths, and criminalization ;The ongoing struggle to attain social justice, self-determination, and equity."--pub. desc. Additional keywords : Aboriginal peoples, Indians, First Nations, Aboriginies, Maori.
Download or read book Contemporary Canadian Federalism written by Alain-G. Gagnon and published by University of Toronto Press. This book was released on 2009-06-06 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in French in 2006, Le fédéralisme canadien contemporain was immediately recognised as the most comprehensive collection of reflections on Canadian federalism by leading Québécois scholars. This remarkable translation of a range of Québécois voices makes their insightful and underrepresented perspectives available to English-language audiences. Offering alternative views of the Canadian federal model's realities by covering its foundations, traditions, and institutions, Contemporary Canadian Federalism considers the ways in which federalism relates to issues such as regionalism, multiculturalism, rights and freedoms, financial distribution, and public policy. Filled with stimulating work that bridges the gap between distinctive traditions in English- and French-Canadian scholarship on federalism, this important volume is required reading for understanding provincial-federal relations and Canadian governance.
