Canadian law and indigenous self-determination : a naturalist analysis / Gordon Christie.

Format:

Book

Author/Creator:

Christie, Gordon (LL. B.), author.

Language:

English

Subjects (All):

Indians of North America--Civil rights--Canada.

Indians of North America.

Indians of North America--Legal status, laws, etc--Canada.

Indians of North America--Legal status, laws, etc.

Sociological jurisprudence.

Indians of North America--Civil rights.

Canada.

Sociological jurisprudence--Canada.

Physical Description:

vi, 440 pages ; 23 cm

Place of Publication:

Toronto ; Buffalo ; London : University of Toronto Press, [2019]

Summary:

"For centuries, Canadian sovereignty has existed uneasily alongside forms of Indigenous legal and political authority. Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal and social landscape. Adopting a naturalist analysis, Gordon Christie responds to questions about how to theorize this legal phenomenon, and how the study of law should accommodate the presence of diverse perspectives. Exploring the socially-constructed nature of Canadian law, Christie reveals how legal meaning, understood to be the outcome of a specific society, is being reworked to devalue the capacities of Indigenous societies. Addressing liberal positivism and critical postcolonial theory, Canadian Law and Indigenous Self-Determination considers the way in which Canadian jurists, working within a world circumscribed by liberal thought, have deployed the law in such a way as to attempt to remove Indigenous meaning-generating capacity."-- Provided by publisher.

Contents:

Setting the stage

Canadian law and its puzzles

Differing understandings and the way forward

Remarks on theorizing and method

Problems with theorizing about the law

Liberal positivism and aboriginal rights

Characterizing and defining 'existing' aboriginal rights

The place of aboriginal rights in Canada

postcolonial theory and aboriginal law.

Notes:

Includes bibliographical references (pages 413-429) and index.

Other Format:

Electronic version: Christie, Gordon (LL. B.). Canadian law and indigenous self-determination.

ISBN:

9781442628991

1442628995

9781442637511

144263751X

OCLC:

1091268188