Download or read book Ancestral Lands Alien Laws written by Brian Slattery and published by [Saskatoon] : University of Saskatchewan Native Law Centre. This book was released on 1983-01-01 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the principal ways in which North American and Commonwealth courts have traditionally approached the question of aboriginal land rights.
Download or read book Aboriginal Customary Law A Source of Common Law Title to Land written by Ulla Secher and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).
Download or read book Native People Native Lands written by Bruce Alden Cox and published by McGill-Queen's Press - MQUP. This book was released on 1988 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of timely essays by Canadian scholars explores the fundamental link between the development of aboriginal culture and economic patterns. The contributors draw on original research to discuss Megaprojects in the North, the changing role of native women, reserves and devices for assimilation, the rebirth of the Canadian Metis, aboriginal rights in Newfoundland, the role of slave-raiding, and epidemics and firearms in native history.
Download or read book The True Spirit and Original Intent of Treaty 7 written by Walter Hildebrandt and published by McGill-Queen's Press - MQUP. This book was released on 1996 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are several historical accounts of the Treaty 7 agreement between the government and prairie First Nations but none from the perspective of the aboriginal people involved. In spite of their perceived silence, however, the elders of each nation involved have maintained an oral history of events, passing on from generation to generation many stories about the circumstances surrounding Treaty 7 and the subsequent administration of the agreement. The True Spirit and Original Intent of Treaty 7 gathers the "collective memory" of the elders about Treaty 7 to provide unique insights into a crucial historical event and the complex ways of the aboriginal people.
Download or read book The Trouble with Tradition written by Simon Young and published by Federation Press. This book was released on 2008 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a broad and detailed examination of the native title jurisprudence in the US, Canada, New Zealand and Australia, with a specific focus on the handling of Indigenous community changes in each country's case law.
Download or read book This is Not a Peace Pipe written by Dale Antony Turner and published by University of Toronto Press. This book was released on 2006-01-01 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores indigenous intellectual culture and its relationship to, and within, the dominant Euro-American culture. This book also contends that indigenous intellectuals need to engage the legal and political discourses of the state, respecting both indigenous philosophies and Western European intellectual traditions.
Download or read book Conciliation Compulsion Conversion written by Merete Falck Borch and published by BRILL. This book was released on 2021-10-18 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is an examination of British imperial policy and attitudes towards the original inhabitants in the American colonies, New South Wales and the Cape colony of South Africa. A comparative study of the formative phase in this area of policy, it covers the period between the mid-eighteenth and early nineteenth centuries, examining and comparing the development of policy in each of the three geographical regions and tracing the legal and intellectual context within which this policy took shape. It suggests an important shift of attitude towards indigenous peoples in the course of the period covered – a change that had a major impact on political perceptions and policy formation.
Download or read book An Approach to Political Philosophy written by James Tully and published by Cambridge University Press. This book was released on 1993-03-18 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Approach to Political Philosophy: Locke in Context brings together Professor Tully's most important and innovative statements on Locke in a systematic treatment of the latter's thought that is at once contextual and critical. Each essay has been rewritten and expanded for this volume, and each seeks to understand a theme of Locke's political philosophy by interpreting it in light of the complex contexts of early modern European political thought and practice. These historical studies are then used in a variety of ways to gain critical perspectives on the assumptions underlying current debates in political philosophy and the history of political thought. The themes treated include government, toleration, discipline, property, aboriginal rights, individualism, power, labour, self-ownership, community, progress, liberty, participation, and revolution.
Download or read book The Charter of Rights and Freedoms written by Ian Greene and published by James Lorimer & Company. This book was released on 2014-11-18 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canadas Charter of Rights and Freedoms has transformed Canadian life since it was adopted as part of the Canadian constitution in 1982. The Charter requires judges to make decisions on a wide range of issues that affect all Canadians. In doing so, the courts play a major role in citizens lives. Because of the Charter: - The law against prostitution was struck down. - The Harper government"s treatment of child soldier Omar Khadr was found to violate his rights. - Vancouvers Insite safe injection site was kept open, overriding a federal government decision requiring it to shut down. Ian Greene is a political scientist, and his focus in this book is to highlight the many significant ways the Charter shapes Canadian life. After providing background on the creation and implementation of the Charter, he describes its impact on a wide range of issues aboriginal affairs, voting rights, freedom of religion, the right to strike, and language rights, among others. Greene describes key decisions in these areas and comments on the often-conflicting views of the judges deciding them. Even though the Charter is a legal document, debated by lawyers and decided by judges, Greene approaches his subject with an eye on the political impact the Charter has on governments and ordinary citizens. Public discussion of the Charter is often framed around the question of who should make these important decisions elected politicians or unelected judges. This book provides a clear understanding of how the Charter works and how ordinary citizens have succeeded or failed to win change from the courts. It offers information that people on every side of public discussion can use regarding the role of the Charter in Canadian life.
Download or read book The Current Index written by and published by . This book was released on 1908 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Introduction to American Law written by Timothy Walker and published by . This book was released on 1895 with total page 906 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Protecting Rights and Freedoms written by P. Bryden and published by University of Toronto Press. This book was released on 1994-01-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his introduction, Philip Bryden says that Canadians can be proud of their commitment to the protection of rights and liberties in the Charter. Canada, he believes, is a better place to live then it would be otherwise. Nevertheless, as the essays in this book reveal, the case in favour of the Charter is not simple or one-sided.
Download or read book Struggle for the Land written by Ward Churchill and published by City Lights Books. This book was released on 2002-09 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Landmark work illustrates the history of North American indigenous resistance and the struggle for land rights.
Download or read book Theories of Empire 1450 1800 written by David Armitage and published by Routledge. This book was released on 2016-12-14 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theories of Empire, 1450-1800 draws upon published and unpublished work by leading scholars in the history of European expansion and the history of political thought. It covers the whole span of imperial theories from ancient Rome to the American founding, and includes a series of essays which address the theoretical underpinnings of the Spanish, Portuguese, French, British and Dutch empires in both the Americas and in Asia. The volume is unprecedented in its attention to the wider intellectual contexts within which those empires were situated - particularly the discourses of universal monarchy, millenarianism, mercantalism, and federalism - and in its mapping of the shift from Roman conceptions of imperium to the modern idea of imperialism.
Download or read book All India Reporter written by and published by . This book was released on 1915 with total page 1318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vols. 1-36, 1914-1949, 1999- issued in separate parts, called sections, e.g. Journal section, Federal Court section, Privy Council section, Allahabad section, Bombay section, etc.
Download or read book The Early Northwest written by Gregory P. Marchildon and published by University of Regina Press. This book was released on 2008 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is the inaugural volume of the History of the Prairie West series. Each volume in the series focuses on a particular topic and is composed of articles previously published in160;"Prairie Forum"160;and written by experts in the field. The original articles are supplemented by additional photographs and other illustrative material.
Download or read book Aboriginal Title written by P. G. McHugh and published by OUP Oxford. This book was released on 2011-08-18 with total page 1529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.
