The land is the source of the law : a dialogic encounter with indigenous jurisprudence / C.F. Black.

Format:

Book

Author/Creator:

Black, C. F.

Language:

English

Subjects (All):

Ethnological jurisprudence--Cross-cultural studies.

Ethnological jurisprudence.

Ethnological jurisprudence--New Zealand.

Ethnological jurisprudence--United States.

Ethnological jurisprudence--Australia.

Indigenous peoples--Legal status, laws, etc--Cross-cultural studies.

Indigenous peoples.

Indigenous peoples--Legal status, laws, etc--New Zealand.

Indigenous peoples--Legal status, laws, etc--United States.

Indigenous peoples--Legal status, laws, etc--Australia.

Indigenous peoples--Legal status, laws, etc.

Australia.

United States.

New Zealand.

Genre:

Cross-cultural studies.

Physical Description:

xiii, 208 pages ; 24 cm

Place of Publication:

London ; New York : Routledge, 2011.

Summary:

The Land is the Source of the 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 to 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, including films, novels, poetry, and 'law. stories', C.F. Black blends legality and narrative, in order to redefine jurisprudent 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. The outer circle is the cosmology, so that the human never forgets that they are inside a universe that has a law. This law is found in the second circle which, whilst resembling the ancient Greek law of physics 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. 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. Book jacket.

Contents:

My camp

The camp of the talngai-gawarima

Feeling the Djang : the camp of senior law man Neidjie

The spider or the web? : The camp of senior law man Mowaljarlai

Health and land : the camp of senior law man Wandjuk Marika

The journeys : from camps of old men to camps of young women

The camp of 'caring for country' : the world of Plains of promise

The camp from Turtle Island : Thunderheart

The camp from the sparkling waters of the Pacific : Whale Rider

The end of the journey : a camp of contemporary concerns.

Notes:

Includes bibliographical references (pages 195-201) and index.

ISBN:

9780415497565

0415497566

9780415497572

0415497574

9780203844380

0203844386

OCLC:

432989917