Law's Indigenous Ethics

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Author :
Publisher : University of Toronto Press
ISBN 13 : 148753115X
Total Pages : 390 pages
Book Rating : 4.4/5 (875 download)

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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 2019-05-06 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.

Canada's Indigenous Constitution

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Author :
Publisher : University of Toronto Press
ISBN 13 : 1442610387
Total Pages : 441 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Canada's Indigenous Constitution by : John Borrows

Download or read book Canada's Indigenous Constitution written by John Borrows and published by University of Toronto Press. This book was released on 2010-01-01 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."--Pub. desc.

Indigenous Research Ethics

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Publisher : Emerald Group Publishing
ISBN 13 : 1787693899
Total Pages : 364 pages
Book Rating : 4.7/5 (876 download)

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Book Synopsis Indigenous Research Ethics by : Lily George

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.

Indigenous-Industry Agreements, Natural Resources and the Law

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Author :
Publisher : Routledge
ISBN 13 : 0429012853
Total Pages : 339 pages
Book Rating : 4.4/5 (29 download)

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Book Synopsis Indigenous-Industry Agreements, Natural Resources and the Law by : Ibironke T. Odumosu-Ayanu

Download or read book Indigenous-Industry Agreements, Natural Resources and the Law written by Ibironke T. Odumosu-Ayanu and published by Routledge. This book was released on 2020-12-27 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection is an interdisciplinary and international collaborative book that critically investigates the growing phenomenon of Indigenous-industry agreements – agreements that are formed between Indigenous peoples and companies involved in the extractive natural resource industry. These agreements are growing in number and relevance, but there has yet to be a systematic study of their formation and implementation. This groundbreaking collection is situated within frameworks that critically analyze and navigate relationships between Indigenous peoples and the extraction of natural resources. These relationships generate important questions in the context of Indigenous-industry agreements in diverse resource-rich countries including Australia and Canada, and regions such as Africa and Latin America. Beyond domestic legal and political contexts, the collection also interprets, navigates, and deploys international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples in order to fully comprehend the diverse expressions of Indigenous-industry agreements. Indigenous-Industry Agreements, Natural Resources and the Law presents chapters that comprehensively review agreements between Indigenous peoples and extractive companies. It situates these agreements within the broader framework of domestic and international law and politics, which define and are defined by the relationships between Indigenous peoples, extractive companies, governments, and other actors. The book presents the latest state of knowledge and insights on the subject and will be of value to researchers, academics, practitioners, Indigenous communities, policymakers, and students interested in extractive industries, public international law, Indigenous rights, contracts, natural resources law, and environmental law.

Indigenous Peoples and the Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942203
Total Pages : 446 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Indigenous Peoples and the Law by : Benjamin J Richardson

Download or read book Indigenous Peoples and the Law written by Benjamin J Richardson and published by Bloomsbury Publishing. This book was released on 2009-03-18 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples. The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory. Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places.

The Land is the Source of the Law

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Publisher : Routledge
ISBN 13 : 1136919732
Total Pages : 224 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis The Land is the Source of the Law by : C.F. Black

Download or read book The Land is the Source of the Law written by C.F. Black and published by Routledge. This book was released on 2010-10-04 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Land is the Source of Law brings an inter-jurisdictional dimension to the field of indigenous jurisprudence: comparing Indigenous legal regimes in New Zealand, the USA and Australia, it offers a ‘dialogical encounter with an Indigenous jurisprudence’ in which individuals are characterised by their rights and responsibilities into the Land. Though a relatively "new" field, indigenous jurisprudence is the product of the oldest continuous legal system in the world. Utilising a range of texts – films, novels, poetry, as well as "law stories" CF Black blends legality and narrative in order to redefine jurisprudentia in indigenous terms. This re-definition gives shape to the jurisprudential framework of the book: a shape that is not just abstract, but physical and metaphysical; a shape that is circular and concentric at the same time. The outer circle is the cosmology, so that the human never forgets that they are inside a universe – a universe that has a law. This law is found in the second circle which, whilst resembling the ancient Greek law of physis is a law based on relationship. This is a relationship that orders the placing of the individual in the innermost circle, and which structures their rights and responsibilities into the land. The jurisprudential texts which inform the theoretical framework of this book bring to our attention the urgent message that the Djang (primordial energy) is out of balance, and that the rebalancing of that Djang is up to the individual through their lawful behaviour, a behaviour which patterns them back into land. Thus, The Land is the Source of the Law concludes not only with a diagnosis of the cause of climate change, but a prescription which offers an alternative legal approach to global health.

Indigenous Environmental Justice

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Author :
Publisher : Indigenous Justice
ISBN 13 : 0816540837
Total Pages : 233 pages
Book Rating : 4.8/5 (165 download)

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Book Synopsis Indigenous Environmental Justice by : Karen Jarratt-Snider

Download or read book Indigenous Environmental Justice written by Karen Jarratt-Snider and published by Indigenous Justice. This book was released on 2020 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: "With connections to traditional homelands being at the heart of Native identity, environmental justice is of heightened importance to Indigenous communities. Not only do irresponsible and exploitative environmental policies harm the physical and financial health of Indigenous communities, they also cause spiritual harm by destroying the land and wildlife that are held in a place of exceptional reverence for Indigenous peoples. Combining elements of legal issues, human rights issues, and sovereignty issues, Indigenous Environmental Justice creates a clear example of community resilience in the face of corporate greed"--

Indigenous Legal Traditions

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Author :
Publisher : UBC Press
ISBN 13 : 077484373X
Total Pages : 189 pages
Book Rating : 4.7/5 (748 download)

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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 2008-01-01 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.

Indigenizing Philosophy through the Land

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Publisher : MSU Press
ISBN 13 : 1628953721
Total Pages : 386 pages
Book Rating : 4.6/5 (289 download)

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Book Synopsis Indigenizing Philosophy through the Land by : Brian Burkhart

Download or read book Indigenizing Philosophy through the Land written by Brian Burkhart and published by MSU Press. This book was released on 2019-09-01 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land is key to the operations of coloniality, but the power of the land is also the key anticolonial force that grounds Indigenous liberation. This work is an attempt to articulate the nature of land as a material, conceptual, and ontological foundation for Indigenous ways of knowing, being, and valuing. As a foundation of valuing, land forms the framework for a conceptualization of Indigenous environmental ethics as an anticolonial force for sovereign Indigenous futures. This text is an important contribution in the efforts to Indigenize Western philosophy, particularly in the context of settler colonialism in the United States. It breaks significant ground in articulating Indigenous ways of knowing and valuing to Western philosophy—not as artifact that Western philosophy can incorporate into its canon, but rather as a force of anticolonial Indigenous liberation. Ultimately, Indigenizing Philosophy through the Land shines light on a possible road for epistemically, ontologically, and morally sovereign Indigenous futures.

Creating Indigenous Property

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Publisher : University of Toronto Press
ISBN 13 : 148753213X
Total Pages : 385 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Creating Indigenous Property by : Angela Cameron

Download or read book Creating Indigenous Property written by Angela Cameron and published by University of Toronto Press. This book was released on 2020-11-03 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.

Indigenous Data Sovereignty

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Publisher : ANU Press
ISBN 13 : 1760460311
Total Pages : 344 pages
Book Rating : 4.7/5 (64 download)

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Book Synopsis Indigenous Data Sovereignty by : Tahu Kukutai

Download or read book Indigenous Data Sovereignty written by Tahu Kukutai and published by ANU Press. This book was released on 2016-11-14 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines

Indigenous Health Ethics: An Appeal To Human Rights

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Author :
Publisher : World Scientific
ISBN 13 : 1786348586
Total Pages : 216 pages
Book Rating : 4.7/5 (863 download)

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Book Synopsis Indigenous Health Ethics: An Appeal To Human Rights by : Deborah Zion

Download or read book Indigenous Health Ethics: An Appeal To Human Rights written by Deborah Zion and published by World Scientific. This book was released on 2021-04-06 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the intersections of bioethics, human rights and health equity. It does so through the contextual lenses of nation states while presenting global themes on rights, colonialism and bioethics. The book is framed by the following propositions on indigenous health: it is a human rights issue; it is located within the politics of colonization; and subjugated indigenous knowledges require restoring.

Indigenous Water Rights in Law and Regulation

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Publisher : Cambridge University Press
ISBN 13 : 1108473067
Total Pages : 313 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Indigenous Water Rights in Law and Regulation by : Elizabeth Jane Macpherson

Download or read book Indigenous Water Rights in Law and Regulation written by Elizabeth Jane Macpherson and published by Cambridge University Press. This book was released on 2019-08-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.

Indigenous Peoples' Land Rights under International Law

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Publisher : BRILL
ISBN 13 : 9004323252
Total Pages : 349 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Indigenous Peoples' Land Rights under International Law by : Jérémie Gilbert

Download or read book Indigenous Peoples' Land Rights under International Law written by Jérémie Gilbert and published by BRILL. This book was released on 2016-07-08 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements.

Repatriation of Sacred Indigenous Cultural Heritage and the Law

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

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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.

Indigenous Peoples' Status in the International Legal System

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Author :
Publisher : Oxford University Press
ISBN 13 : 0191083968
Total Pages : 288 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Indigenous Peoples' Status in the International Legal System by : Mattias Åhrén

Download or read book Indigenous Peoples' Status in the International Legal System written by Mattias Åhrén and published by Oxford University Press. This book was released on 2016-03-11 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: While many have explored the law surrounding the rights of indigenous peoples through an examination of all relevant instruments and institutions, this book is based on the premise that one can obtain an in depth knowledge of the indigenous rights regime by simply knowing the answer to two questions: What is meant by 'peoples' and 'equality' under international law? From Terra Nullius to International Legal Subjects and Possessors of Land - Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume articulates that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right to self-determination, and, if so, what should be the content and scope of this right. The book additionally explores the contemporary meaning of 'equality', arguing that the understanding of equality fundamentally impacts what rights indigenous peoples possess over territories and natural resources. This book outlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.

ETHICAL LEGAL PRACTICE AND PROFESSIONAL CONDUCT.

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Author :
Publisher :
ISBN 13 : 9780409348590
Total Pages : pages
Book Rating : 4.3/5 (485 download)

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Book Synopsis ETHICAL LEGAL PRACTICE AND PROFESSIONAL CONDUCT. by : F. ESPARRAGA

Download or read book ETHICAL LEGAL PRACTICE AND PROFESSIONAL CONDUCT. written by F. ESPARRAGA and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: