Описание: Canada is often called a pluralist state, but few commentators view Aboriginal self-government from the perspective of political pluralism. Instead, Aboriginal identity is framed in terms of cultural and national traits, while self-government is taken to represent an Aboriginal desire to protect those traits. Shifting Boundaries challenges this view, arguing that it fosters a woefully incomplete understanding of the politics of self-government. Taking the position that a relational theory of pluralism offers a more accurate interpretation, Tim Schouls contends that self-government is better understood when an “identification” perspective on Aboriginal identity is adopted instead of a “cultural” or “national” one. He shows that self-government is not about preserving cultural and national differences as goods in and of themselves, but rather is about equalizing current imbalances in power to allow Aboriginal peoples to construct their own identities. In focusing on relational pluralism, Shifting Boundaries adds an important perspective to existing theoretical approaches to Aboriginal self-government. It will appeal to academics, students, and policy analysts interested in Aboriginal governance, cultural studies, political theory, nationalism studies, and constitutional theory.
Описание: Canada is often called a pluralist state, but few commentators view Aboriginal self-government from the perspective of political pluralism. Instead, Aboriginal identity is framed in terms of cultural and national traits, while self-government is taken to represent an Aboriginal desire to protect those traits. Shifting Boundaries challenges this view, arguing that it fosters a woefully incomplete understanding of the politics of self-government. Taking the position that a relational theory of pluralism offers a more accurate interpretation, Tim Schouls contends that self-government is better understood when an “identification” perspective on Aboriginal identity is adopted instead of a “cultural” or “national” one. He shows that self-government is not about preserving cultural and national differences as goods in and of themselves, but rather is about equalizing current imbalances in power to allow Aboriginal peoples to construct their own identities. In focusing on relational pluralism, Shifting Boundaries adds an important perspective to existing theoretical approaches to Aboriginal self-government. It will appeal to academics, students, and policy analysts interested in Aboriginal governance, cultural studies, political theory, nationalism studies, and constitutional theory.
Автор: University of Toronto Press Название: We Are Here to Stay ISBN: 1442610026 ISBN-13(EAN): 9781442610026 Издательство: Wiley Рейтинг: Цена: 5489.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In On Being Here to Stay, Asch retells the story of Canada with a focus on the relationship between First Nations and settlers.
Автор: McHugh P G Название: Aboriginal Title ISBN: 0199699410 ISBN-13(EAN): 9780199699414 Издательство: Oxford Academ Рейтинг: Цена: 16632.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Aboriginal title, the land rights of native peoples in former colonies, is one of the most significant developments in common law in the late-twentieth century. This book, by a key author in this field, sets out the beginnings, judicial acceptance, and influence of this doctrine across national jurisdictions and in international law.
Автор: Attwood, Bain Название: The Struggle for Aboriginal Rights ISBN: 0367719908 ISBN-13(EAN): 9780367719906 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Поставка под заказ.
Автор: Michael Asch Название: Aboriginal and Treaty Rights in Canada ISBN: 0774805811 ISBN-13(EAN): 9780774805810 Издательство: Wiley EDC Рейтинг: Цена: 5146.00 р. Наличие на складе: Поставка под заказ.
Описание: In the last two decades there has been positive change in how the Canadian legal system defines Aboriginal and treaty rights. Yet even after the recognition of those rights in the Constitution Act of 1982, the legacy of British values and institutions as well as colonial doctrine still shape how the legal system identifies and interprets Aboriginal and treaty rights. The eight essays in Aboriginal and Treaty Rights in Canada focus on redressing this bias. All of them apply contemporary knowledge of historical events as well as current legal and cultural theory in an attempt to level the playing field. The book highlights rich historical information that previous scholars may have overlooked. Of particular note are data relevant to better understanding the political and legal relations established by treaty and the Royal Proclamation of 1763. Other essays include discussion of such legal matters as the definition of Aboriginal rights and the privileging of written over oral testimony in litigation.
Автор: Coleman, Elizabeth Burns Название: Aboriginal art, identity and appropriation ISBN: 0754644030 ISBN-13(EAN): 9780754644033 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In this work, Elizabeth Burns Coleman analyses art from an Australian Aboriginal community to interpret Aboriginal claims about the relationship between their art, identity and culture, and how the art should be protected in law. This is an issue equally relevant to North American debates about the appropriation of indigenous art, and the book additionally engages with this literature.
Автор: Craig Proulx Название: Reclaiming Aboriginal Justice, Identity, and Community ISBN: 1895830214 ISBN-13(EAN): 9781895830217 Издательство: Wiley EDC Рейтинг: Цена: 4631.00 р. Наличие на складе: Поставка под заказ.
Описание: In his analysis of justice issues facing urban Aboriginals, Proulx pays particular attention to the situation of Aboriginal peoples in Canada, and how the current justice system has failed them. He looks at alternatives to the current system, examining in detail the Community Council Project (CCP), an Aboriginal-run diversion program in Toronto. The analysis of the CCP shows how culturally appropriate alternative justice mechanisms can provide justice for those not served by the current system. Among other issues addressed in the book are: crime causation; Indigenous justice knowledge and practice; healing; changes in tradition and culture; and personal and community ownership and empowerment.
This book tells the story of a First Nation’s single-minded quest for justice. In 1958, the federal government leased a third of the small Musqueam Reserve in Vancouver to an exclusive golf club at far below market value. When the band members discovered this in 1970, they initiated legal action. Their tenacity led to the 1984 decision of the Supreme Court of Canada in Guerin v. The Queen.
In Guerin, the Court held that the government has a fiduciary duty towards Indigenous peoples – an obligation to act in their best interests. This landmark decision is explored in this book, written by an Aboriginal rights lawyer who served as one of the legal counsel for the Musqueam and argued on their behalf all the way to the highest court. Jim Reynolds provides an in-depth analysis, considering the context, the case and decision, and the major impact that Guerin had on Canadian law, politics, and society.
The Guerin case changed the relationship between governments and Indigenous peoples from one of wardship to one based on legal rights. It was a seismic decision with implications that resonate today, not only in Canada but also in other Commonwealth countries.
This book tells the story of a First Nation’s single-minded quest for justice. In 1958, the federal government leased a third of the small Musqueam Reserve in Vancouver to an exclusive golf club at far below market value. When the band members discovered this in 1970, they initiated legal action. Their tenacity led to the 1984 decision of the Supreme Court of Canada in Guerin v. The Queen.
In Guerin, the Court held that the government has a fiduciary duty towards Indigenous peoples – an obligation to act in their best interests. This landmark decision is explored in this book, written by an Aboriginal rights lawyer who served as one of the legal counsel for the Musqueam and argued on their behalf all the way to the highest court. Jim Reynolds provides an in-depth analysis, considering the context, the case and decision, and the major impact that Guerin had on Canadian law, politics, and society.
The Guerin case changed the relationship between governments and Indigenous peoples from one of wardship to one based on legal rights. It was a seismic decision with implications that resonate today, not only in Canada but also in other Commonwealth countries.
Описание: A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. Aboriginal rights include more than a title; within the fiduciary relationship between the federal government and Aboriginal peoples is the issue of compensation for the infringement of Aboriginal and treaty rights. In an historical and legal context, Mainville examines Aboriginal and treaty rights origins, major Canadian court decisions that have defined them, the impact of the Canadian Constitution, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. Mainville argues that while Canadian law can provide guidelines for compensation, expropriation law is inadequate to address the issue fully, and instead provides clear and practical principles for compensation.
In 1973 the Supreme Court of Canada issued a landmark decision in the Calder case, confirming that Aboriginal title constituted a right within Canadian law. Let Right Be Done examines the doctrine of Aboriginal title thirty years later and puts the Calder case in its legal, historical, and political context, both nationally and internationally. With its innovative blend of scholarly analysis and input from many of those intimately involved in the case, this book should be essential reading for anyone interested in Aboriginal law, treaty negotiations, and the history of the “BC Indian land question.”
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