indigenous-legal-judgments

Download indigenous-legal-judgments full books in PDF, epub, and Kindle. Read online indigenous-legal-judgments ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Indigenous Legal Judgments

Author : Nicole Watson
Publisher : Routledge
ISBN 13 : 1000401243
Total Pages : 244 pages
Book Rating : 4.0/5 (4 download)

DOWNLOAD NOW!

Book Synopsis Indigenous Legal Judgments by : Nicole Watson

Download or read book Indigenous Legal Judgments written by Nicole Watson and published by Routledge. This book was released on 2021-06-27 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system. The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.

Indigenous Legal Traditions

Author : Law Commission of Canada
Publisher : UBC Press
ISBN 13 : 0774855770
Total Pages : 189 pages
Book Rating : 4.7/5 (748 download)

DOWNLOAD NOW!

Book Synopsis Indigenous Legal Traditions by : Law Commission of Canada

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.

Aboriginal Title

Author : P. G. McHugh
Publisher : OUP Oxford
ISBN 13 : 0191029777
Total Pages : 378 pages
Book Rating : 4.1/5 (91 download)

DOWNLOAD NOW!

Book Synopsis Aboriginal Title by : P. G. McHugh

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 378 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.

Law's Indigenous Ethics

Author : John Borrows
Publisher : University of Toronto Press
ISBN 13 : 1487523556
Total Pages : 390 pages
Book Rating : 4.4/5 (875 download)

DOWNLOAD NOW!

Book Synopsis Law's Indigenous Ethics by : John Borrows

Download or read book Law's Indigenous Ethics written by John Borrows and published by University of Toronto Press. This book was released on 2019-01-01 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.

Indigenous law and the state

Author : Bradford W. Morse
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110854805
Total Pages : 480 pages
Book Rating : 4.1/5 (18 download)

DOWNLOAD NOW!

Book Synopsis Indigenous law and the state by : Bradford W. Morse

Download or read book Indigenous law and the state written by Bradford W. Morse and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-11-18 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: No detailed description available for "Indigenous law and the state".

Traditional, National, and International Law and Indigenous Communities

Author : Marianne O. Nielsen
Publisher : University of Arizona Press
ISBN 13 : 0816540411
Total Pages : 225 pages
Book Rating : 4.8/5 (165 download)

DOWNLOAD NOW!

Book Synopsis Traditional, National, and International Law and Indigenous Communities by : Marianne O. Nielsen

Download or read book Traditional, National, and International Law and Indigenous Communities written by Marianne O. Nielsen and published by University of Arizona Press. This book was released on 2020-05-05 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.

Indigeneity in the Courtroom

Author : Jennifer A. Hamilton
Publisher : Routledge
ISBN 13 : 1135864454
Total Pages : 143 pages
Book Rating : 4.1/5 (358 download)

DOWNLOAD NOW!

Book Synopsis Indigeneity in the Courtroom by : Jennifer A. Hamilton

Download or read book Indigeneity in the Courtroom written by Jennifer A. Hamilton and published by Routledge. This book was released on 2008-11-14 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central question of this book is when and how does indigeneity in its various iterations – cultural, social, political, economic, even genetic – matter in a legal sense? Indigeneity in the Courtroom focuses on the legal deployment of indigenous difference in US and Canadian courts in the late 20th and early 21st centuries. Through ethnographic and historical research, Hamilton traces dimensions of indigeneity through close readings of four legal cases, each of which raises important questions about law, culture, and the production of difference. She looks at the realm of law, seeking to understand how indigeneity is legally produced and to apprehend its broader political and economic implications.

Common Sense and Legal Judgment

Author : Patricia Cochran
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773552324
Total Pages : pages
Book Rating : 4.7/5 (735 download)

DOWNLOAD NOW!

Book Synopsis Common Sense and Legal Judgment by : Patricia Cochran

Download or read book Common Sense and Legal Judgment written by Patricia Cochran and published by McGill-Queen's Press - MQUP. This book was released on 2017-11-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean when a judge in a court of law uses the phrase “common sense”? Is it a type of evidence or a mode of reasoning? In a world characterized by material and political inequalities, whose common sense should inform the law? Common Sense and Legal Judgment explores this rhetorically powerful phrase, arguing that common sense, when invoked in political and legal discourses without adequate reflection, poses a threat to the quality and legitimacy of legal judgment. Often operating in the service of conservatism, populism, or majoritarianism, common sense can harbour stereotypes, reproduce unjust power relations, and silence marginalized people. Nevertheless, drawing the works of theorists such as Thomas Reid, Antonio Gramsci, and Hannah Arendt into conversation with rulings by the Supreme Court of Canada, Patricia Cochran demonstrates that with careful attention, the democratic, egalitarian, and community-sustaining aspects of common sense can be brought to light. A call for critical self-reflection and the close scrutiny of power relationships and social contexts, this book is a direct response to social justice predicaments and their confounding relationships to law. Creative and interdisciplinary, Common Sense and Legal Judgment reinvigorates feminist and anti-poverty understandings of judgment, knowledge, justice, and accountability.

Repatriation of Sacred Indigenous Cultural Heritage and the Law

Author : Vanessa Tünsmeyer
Publisher : Springer Nature
ISBN 13 : 3030890473
Total Pages : 527 pages
Book Rating : 4.0/5 (38 download)

DOWNLOAD NOW!

Book Synopsis Repatriation of Sacred Indigenous Cultural Heritage and the Law by : Vanessa Tünsmeyer

Download or read book Repatriation of Sacred Indigenous Cultural Heritage and the Law written by Vanessa Tünsmeyer and published by Springer Nature. This book was released on 2022-01-25 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the ways in which law can be used to structure the return of indigenous sacred cultural heritage to indigenous communities, referred to as repatriation in this volume. In particular, it aims at developing legal structures that align repatriation with contemporary international human rights standards. To do so, it gathers the most valuable lessons learned from different repatriation laws and frameworks adopted in the United States and Canada. In both countries, very different ways of approaching repatriation have been used for several decades, highlighting the context-dependent nature of repatriation. The volume is divided into four parts, looking first at international law, then at the national legal landscape in the United States, followed by Canada, before the different repatriation models are evaluated against the backdrop of human rights law standards. Emphasis is placed not only on repatriation-specific legislation but also on the legal context in which it was developed and operates. In turn, the fourth part develops various models on the basis of these experiences that can be aligned with contemporary indigenous and cultural rights. The book ends by considering the models’ suitability for international repatriation and the lessons that can be learned from them. The primary audience includes those addressing the legal hurdles to repatriation, be they researchers, policymakers, communities, or museums.

OECD Rural Policy Reviews Linking Indigenous Communities with Regional Development in Canada

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264581448
Total Pages : 400 pages
Book Rating : 4.2/5 (645 download)

DOWNLOAD NOW!

Book Synopsis OECD Rural Policy Reviews Linking Indigenous Communities with Regional Development in Canada by : OECD

Download or read book OECD Rural Policy Reviews Linking Indigenous Communities with Regional Development in Canada written by OECD and published by OECD Publishing. This book was released on 2020-01-21 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada’s Constitution Act (1982) recognises three Indigenous groups: Indians (now referred to as First Nations), Inuit, and Métis. Indigenous peoples make a vital contribution to the culture, heritage and economic development of Canada. Despite improvements in Indigenous well-being in recent decades, significant gaps remain with the non-Indigenous population. This study focuses on four priority issues to maximise the potential of Indigenous economies in Canada.

Indigenous Women's Writing and the Cultural Study of Law

Author : Cheryl Suzack
Publisher : University of Toronto Press
ISBN 13 : 1442628588
Total Pages : 203 pages
Book Rating : 4.4/5 (426 download)

DOWNLOAD NOW!

Book Synopsis Indigenous Women's Writing and the Cultural Study of Law by : Cheryl Suzack

Download or read book Indigenous Women's Writing and the Cultural Study of Law written by Cheryl Suzack and published by University of Toronto Press. This book was released on 2017-01-01 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Copyright -- Contents -- Acknowledgments -- Introduction: Indigenous Women's Writing, Storytelling, and Law -- Chapter One: Gendering the Politics of Tribal Sovereignty: Santa Clara Pueblo v. Martinez (1978) and Ceremony (1977) -- Chapter Two: The Legal Silencing of Indigenous Women: Racine v. Woods (1983) and In Search of April Raintree (1983) -- Chapter Three: Colonial Governmentality and GenderViolence: State of Minnesota v. Zay Zah (1977) and The Antelope Wife (1998) -- Chapter Four: Land Claims, Identity Claims: Manypenny v. United States (1991) and Last Standing Woman (1997) -- Conclusion: For an Indigenous-Feminist Literary Criticism -- Notes -- Works Cited -- Index

Aboriginal Legal Issues

Author : John Borrows
Publisher : Butterworth-Heinemann
ISBN 13 : 9780433409649
Total Pages : 946 pages
Book Rating : 4.4/5 (96 download)

DOWNLOAD NOW!

Book Synopsis Aboriginal Legal Issues by : John Borrows

Download or read book Aboriginal Legal Issues written by John Borrows and published by Butterworth-Heinemann. This book was released on 1998 with total page 946 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Business Law: Cases and Materials

Author : George D. Cameron III
Publisher : Van Rye Publishing, LLC
ISBN 13 : 0990367142
Total Pages : 609 pages
Book Rating : 4.9/5 (93 download)

DOWNLOAD NOW!

Book Synopsis International Business Law: Cases and Materials by : George D. Cameron III

Download or read book International Business Law: Cases and Materials written by George D. Cameron III and published by Van Rye Publishing, LLC. This book was released on 2015-08-09 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: INTERNATIONAL BUSINESS LAW: CASES AND MATERIALS is a timely and useful book. Uncounted millions of “international” transactions occur daily, as goods and services are purchased across the national boundaries of some 200 political units. Capital flows from nation to nation, and so—to a lesser extent—do jobs, as companies seek more favorable locations for their business operations. The “rules” (laws) governing these exchanges quickly become complex, as persons (and governments) from different countries are involved. If problems arise in a cross-border relationship, whose rules apply? What forums are available to resolve disputes? Are there tax implications to the transaction? If so, where? These and similar questions need to be factored into the decision to “go overseas.” Each of the six chapters in this book begins with a brief overview of the subject-matter, followed by short previews of the chosen case examples. The primary content of the chapters consists of some 120 court and arbitration decisions in real disputes, between real parties. The actual text of the decisions in these cases has been edited; some excerpts are quite brief, others are more substantial. Most “background” facts have been summarized by the author, but the edited-decision part of each case is quoted from the actual recorded text of the court or arbitrator who decided it. Clearly, a minute sample from tens of thousands of cases cannot provide comprehensive coverage of what all the world’s legal rules are. Our objectives here are simply to indicate some of the major potential “flash points” of doing international business, to illustrate some of the significant differences in the applicable legal rules, and to provide an exposure to the language and process by which international business disputes are resolved. “Fore-warned is fore-armed.” Being aware of these potential trouble spots, a sensible business manager will presumably consider them in making the decision to engage in cross-border transactions, and take appropriate steps to avoid or minimize potential adverse consequences. Chapter I of this book introduces International Law—its course of development and its two major sources (custom and treaties). Chapter II examines the use of national and international courts and arbitrators to resolve cross-border disputes. Chapter III provides basic coverage of the United Nations Convention on Contracts for the International Sale of Goods: when it applies, how the sale contract is formed, when risk of loss on the goods passes from Seller to Buyer, and what responsibilities the Seller has for the quality of the goods sold. Chapter IV looks at some of the legal questions that might arise in conducting cross-border commercial operations—employment issues, intellectual property issues, and investment issues. Chapter V considers potential questions regarding taxation of international activities, and the regulation of adverse environmental effects. Chapter VI reviews the efforts by national governments to apply their competition regulations to international business transactions, and the difficulties that private parties might have in attempting to enforce legal claims against governments and their agencies. While these are surely not the only legal issues that might arise in connection with international business, they do constitute a significant set of concerns of which managers need to be aware as they venture into the international “stream of commerce.”

Law as if Earth Really Mattered

Author : Nicole Rogers
Publisher : Taylor & Francis
ISBN 13 : 1317210581
Total Pages : 385 pages
Book Rating : 4.3/5 (172 download)

DOWNLOAD NOW!

Book Synopsis Law as if Earth Really Mattered by : Nicole Rogers

Download or read book Law as if Earth Really Mattered written by Nicole Rogers and published by Taylor & Francis. This book was released on 2017-04-21 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of judgments drawn from the innovative Wild Law Judgment Project. In participating in the Wild Law Judgment Project, which was inspired by various feminist judgment projects, contributors have creatively reinterpreted judicial decisions from an Earth-centred point of view by rewriting existing judgments, or creating fictional judgments, as wild law. Authors have confronted the specific challenges of aligning existing Western legal systems with Thomas Berry’s philosophy of Earth jurisprudence through judgment writing and rewriting. This book thus opens up judicial decision-making and the common law to critical scrutiny from a wild law or Earth-centred perspective. Based upon ecocentric rather than human-centred or anthropocentric principles, Earth jurisprudence poses a unique critical challenge to the dominant anthropocentric or human-centred focus and orientation of the common law. The authors interrogate the anthropocentric and property rights assumptions embedded in existing common law by placing Earth and the greater community of life at the centre of their rewritten and hypothetical judgments. Covering areas as diverse as tort law, intellectual property law, criminal law, environmental law, administrative law, international law, native title law and constitutional law, this unique collection provides a valuable tool for practitioners and students who are interested in learning more about the emerging ecological jurisprudence movement. It helps us to see more clearly what a new system of law might look like: one in which Earth really matters.

Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters

Author : Brendan Tobin
Publisher : Routledge
ISBN 13 : 1317697545
Total Pages : 304 pages
Book Rating : 4.3/5 (176 download)

DOWNLOAD NOW!

Book Synopsis Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters by : Brendan Tobin

Download or read book Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters written by Brendan Tobin and published by Routledge. This book was released on 2014-08-27 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

Indigenous Peoples in International Law

Author : S. James Anaya
Publisher : Oxford University Press, USA
ISBN 13 : 0195086201
Total Pages : 282 pages
Book Rating : 4.1/5 (95 download)

DOWNLOAD NOW!

Book Synopsis Indigenous Peoples in International Law by : S. James Anaya

Download or read book Indigenous Peoples in International Law written by S. James Anaya and published by Oxford University Press, USA. This book was released on 1996 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Agenda 21: chapter 26.

Promoting Foreign Judgments

Author : Pontian N. Okoli
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403511125
Total Pages : 356 pages
Book Rating : 4.4/5 (35 download)

DOWNLOAD NOW!

Book Synopsis Promoting Foreign Judgments by : Pontian N. Okoli

Download or read book Promoting Foreign Judgments written by Pontian N. Okoli and published by Kluwer Law International B.V.. This book was released on 2019-10-07 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many African countries, litigants experience significant uncertainty in their attempts to enforce foreign judgments. Drawing on the experiences of the United Kingdom and the United States (vis-à-vis efforts to attain an effective global legal framework on foreign judgments), this book undertakes a comparative analysis of how South African and Nigerian courts can promote the recognition and enforcement of foreign judgments in a fair manner. This comparative analysis is made considering both African countries as paradigms of their respective legal traditions. The author, a legal consultant and academic in private international law analyses, stage by stage, the challenging process that litigants face when they seek to enforce foreign judgments in South Africa and Nigeria. This analysis includes insightful consideration of broader issues such as the following: how challenges faced by judgment creditors may be circumvented; practical issues impeding the free movement of foreign judgments; impact of globalisation, increase in international commercial transactions, and regionalism on private international law; application of ‘fairness’; how territorial sovereignty and State interests in international commerce impede the free movement of foreign judgments; and ‘qualified obligation’, under which courts would presumptively enforce foreign judgments subject to certain exceptions and to the balancing of competing interests between private litigants and the State. The comparative analysis is undergirded by relevant case law – spanning decades in Africa and centuries in Europe and the United States. In summary, the author projects a clear case for predictability and certainty in the recognition and enforcement of foreign judgments, as well as how to go about it, thus offering lawyers a strategic position to weigh their options in contemplating enforcement of foreign judgments in any jurisdiction even beyond the African region. This innovative approach will also be of particular value to policymakers at national levels, international and regional economic organisations, as well as scholars in private international law and international commercial law generally. This is regardless of their specific legal area or niche, especially considering the dearth of literature in African private international law.