Indigenous Courts, Self-Determination and Criminal Justice


Author: Valmaine Toki
Publisher: Routledge
ISBN: 1351239600
Category: Law
Page: 290
View: 5509
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In New Zealand, as well as in Australia, Canada and other comparable jurisdictions, Indigenous peoples comprise a significantly disproportionate percentage of the prison population. For example, Maori, who comprise 15% of New Zealand’s population, make up 50% of its prisoners. For Maori women, the figure is 60%. These statistics have, moreover, remained more or less the same for at least the past thirty years. With New Zealand as its focus, this book explores how the fact that Indigenous peoples are more likely than any other ethnic group to be apprehended, arrested, prosecuted, convicted and incarcerated, might be alleviated. Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions (including Australia, Canada, the United States of America), and also in the United Nations Declaration on the Rights of Indigenous Peoples, the book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior. More specifically, the book draws on contemporary notions of ‘therapeutic jurisprudence’ and ‘restorative justice’ in order to argue that such a court would offer an effective way to ameliorate the disproportionate incarceration of Indigenous peoples.

Aboriginal Justice and the Charter

Realizing a Culturally Sensitive Interpretation of Legal Rights
Author: David Milward
Publisher: UBC Press
ISBN: 0774824581
Category: Social Science
Page: 332
View: 7494
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Aboriginal Justice and the Charter examines and seeks to resolve the tension between Aboriginal approaches to justice and the Canadian Charter of Rights and Freedoms. Until now, scholars have explored idealized notions of what Aboriginal justice might look like. David Milward strikes out into new territory by asking why Aboriginal communities seek reform and by identifying some of the constitutional barriers in their path. He identifies specific areas of the criminal justice process in which Aboriginal communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. This bold exploration of Aboriginal justice grapples with the difficult question of how Aboriginal justice systems can be fair to their constituents but still comply with the protections guaranteed to all Canadians by the Charter.

The Oxford Handbook of Criminal Law


Author: Markus D Dubber,Tatjana Hörnle
Publisher: OUP Oxford
ISBN: 0191654604
Category: Law
Page: 1100
View: 5350
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The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

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


Author: Brendan Tobin
Publisher: Routledge
ISBN: 1317697537
Category: Law
Page: 304
View: 619
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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 and the State

International Perspectives on the Treaty of Waitangi
Author: Mark Hickford,Carwyn Jones
Publisher: Taylor & Francis
ISBN: 1351240358
Category: Law
Page: 206
View: 2012
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Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand’s Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.

Aboriginal Peoples, Colonialism and International Law

Raw Law
Author: Irene Watson
Publisher: Routledge
ISBN: 1317938372
Category: History
Page: 188
View: 9860
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This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.

The Oxford Handbook of Ethnicity, Crime, and Immigration


Author: Sandra M. Bucerius,Michael H. Tonry
Publisher: Oxford Handbooks
ISBN: 0199859019
Category: Law
Page: 960
View: 4041
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This title provides comprehensive analyses of current knowledge about the unwarranted disparities in dealings with the criminal justice system faced by some disadvantaged minority groups in all developed countries.

Returning to the Teachings

Exploring Aboriginal Justice
Author: Rupert Ross
Publisher: Penguin Global
ISBN: 9780143055594
Category: Social Science
Page: 300
View: 3844
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In his bestselling book Dancing with a Ghost, Rupert Ross began his exploration of Aboriginal approaches to justice and the visions of life that shape them. Returning to the Teachings takes this exploration further still. During a three-year secondment with Justice Canada, Ross travelled from the Yukon to Cape Breton Island, examining—and experiencing—the widespread Aboriginal preference for “peacemaker justice.” In this remarkable book, he invites us to accompany him as he moves past the pain and suffering that grip so many communities and into the exceptional promise of individual, family and community healing that traditional teachings are now restoring to Aboriginal Canada. He shares his confusion, frustrations and delights as Elders and other teachers guide him, in their unique and often puzzling ways, into ancient visions of Creation and our role with it. Returning to the Teachings is about Aboriginal justice and much more, speaking not only to our minds, but also to our hearts and spirits. Above all, it stands as a search for the values and visions that give life its significance and that any justice system, Aboriginal or otherwise, must serve and respect.

Conflict, Politics and Crime

Aboriginal Communities and the Police
Author: Chris Cunneen
Publisher: Allen & Unwin
ISBN: 9781864487190
Category: Political Science
Page: 310
View: 8185
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A thought-provoking analysis of how Indigenous people are policed and what effect this has on their communities.

Indigenous Crime and Settler Law

White Sovereignty after Empire
Author: H. Douglas,M. Finnane
Publisher: Springer
ISBN: 1137284986
Category: Law
Page: 280
View: 3379
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In a break from the contemporary focus on the law's response to inter-racial crime, the authors examine the law's approach to the victimization of one Indigenous person by another. Drawing on a wealth of archival material relating to homicides in Australia, they conclude that settlers and Indigenous peoples still live in the shadow of empire.

Beyond Settler Time

Temporal Sovereignty and Indigenous Self-Determination
Author: Mark Rifkin
Publisher: Duke University Press
ISBN: 0822373424
Category: Social Science
Page: 296
View: 5350
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What does it mean to say that Native peoples exist in the present? In Beyond Settler Time Mark Rifkin investigates the dangers of seeking to include Indigenous peoples within settler temporal frameworks. Claims that Native peoples should be recognized as coeval with Euro-Americans, Rifkin argues, implicitly treat dominant non-native ideologies and institutions as the basis for defining time itself. How, though, can Native peoples be understood as dynamic and changing while also not assuming that they belong to a present inherently shared with non-natives? Drawing on physics, phenomenology, queer studies, and postcolonial theory, Rifkin develops the concept of "settler time" to address how Native peoples are both consigned to the past and inserted into the present in ways that normalize non-native histories, geographies, and expectations. Through analysis of various kinds of texts, including government documents, film, fiction, and autobiography, he explores how Native experiences of time exceed and defy such settler impositions. In underscoring the existence of multiple temporalities, Rifkin illustrates how time plays a crucial role in Indigenous peoples’ expressions of sovereignty and struggles for self-determination.

Justice As Healing: Indigenous Ways


Author: Wanda D. McCaslin
Publisher: Living Justice Press
ISBN: 1937141020
Category:
Page: 501
View: 8007
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Native Liberty, Crown Sovereignty

The Existing Aboriginal Right of Self-government in Canada
Author: Bruce A. Clark
Publisher: McGill-Queen's Press - MQUP
ISBN: 9780773509467
Category: History
Page: 259
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It is generally assumed in Canada that native liberty and crown sovereignty are antagonistic and mutually exclusive forces. In this penetrating study, Bruce Clark shows that they are in fact complementary. The British government exercised its sovereignty in the eighteenth century in order to protect the liberty of the natives of Canada to continue governing themselves. Clark argues that this recognition continues to bind federal and provincial governments constitutionally, even though these governments habitually flout the law in practice.

Critical Indigenous Rights Studies


Author: Giselle Corradi,Koen de Feyter,Ellen Desmet,Katrijn Vanhees
Publisher: Routledge
ISBN: 135174755X
Category: Law
Page: 230
View: 1775
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The field of ‘critical indigenous rights studies’ is a complex one that benefits from an interdisciplinary perspective and a realist (as opposed to an idealised) approach to indigenous peoples. This book draws on sociology of law, anthropology, political sciences and legal sciences in order to address emerging issues in the study of indigenous rights and identify directions for future research. The first part of the volume investigates how changing identities and cultures impact rights protection, analysing how policies on development and land, and processes such as migration, interrelate with the mobilisation of identities and the realisation of rights. In the second part, how new approaches related to indigenous peoples’ rights are scrutinised as to their potential and relevance. They include addressing legal tensions from an indigenous peoples’ rights perspective, creating space for counter-narratives on international law, and designing new instruments. Throughout the text, case studies with wide geographical scope are presented, ranging from Latin America (the book’s focus) to Egypt, Rwanda and Scandinavia.

Permanent Sovereignty over Natural Resources


Author: Marc Bungenberg,Stephan Hobe
Publisher: Springer
ISBN: 3319157388
Category: Law
Page: 221
View: 6126
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Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.

Indigenous Peoples as Subjects of International Law


Author: Irene Watson
Publisher: Taylor & Francis
ISBN: 1317240669
Category: Law
Page: 226
View: 8594
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For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.

Aboriginal Societies and the Common Law

A History of Sovereignty, Status, and Self-determination
Author: Paul G. McHugh
Publisher: Oxford University Press on Demand
ISBN: N.A
Category: Law
Page: 661
View: 3424
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This book describes the encounter between the common law legal system and the tribal peoples of North America and Australasia. It is a history of the role of anglophone law in managing relations between the British settlers and indigenous peoples from colonial foundation to the end of the Twentieth century. The historical basis of relations is described through the enduring, but constantly shifting questions of sovereignty, status and, more recently, self-determination.

Traditional customary laws and indigenous peoples in Asia


Author: Devasish Roy (Raja.),Minority Rights Group International
Publisher: N.A
ISBN: N.A
Category: Asia
Page: 36
View: 9451
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Rebuilding Native Nations

Strategies for Governance and Development
Author: Miriam Jorgensen
Publisher: University of Arizona Press
ISBN: 9780816524235
Category: Social Science
Page: 363
View: 623
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A revolution is underway among the Indigenous nations of North America. It is a quiet revolution, largely unnoticed in society at large. But it is profoundly important. From High Plains states and Prairie Provinces to southwestern deserts, from Mississippi and Oklahoma to the northwest coast of the continent, Native peoples are reclaiming their right to govern themselves and to shape their future in their own ways. Challenging more than a century of colonial controls, they are addressing severe social problems, building sustainable economies, and reinvigorating Indigenous cultures. In effect, they are rebuilding their nations according to their own diverse and often innovative designs. Produced by the Native Nations Institute for Leadership, Management, and Policy at the University of Arizona and the Harvard Project on American Indian Economic Development, this book traces the contours of that revolution as Native nations turn the dream of self-determination into a practical reality. Part report, part analysis, part how-to manual for Native leaders, it discusses strategies for governance and community and economic development being employed by American Indian nations and First Nations in Canada as they move to assert greater control over their own affairs. Rebuilding Native Nations provides guidelines for creating new governance structures, rewriting constitutions, building justice systems, launching nation-owned enterprises, encouraging citizen entrepreneurs, developing new relationships with non-Native governments, and confronting the crippling legacies of colonialism. For nations that wish to join that revolution or for those who simply want to understand the transformation now underway across Indigenous North America, this book is a critical resource. CONTENTS Foreword by Oren Lyons Editor's Introduction Part 1 Starting Points 1. Two Approaches to the Development of Native Nations: One Works, the Other Doesn't Stephen Cornell and Joseph P. Kalt 2. Development, Governance, Culture: What Are They and What Do They Have to Do with Rebuilding Native Nations? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Joseph P. Kalt Part 2 Rebuilding the Foundations 3. Remaking the Tools of Governance: Colonial Legacies, Indigenous Solutions Stephen Cornell 4. The Role of Constitutions in Native Nation Building: Laying a Firm Foundation Joseph P. Kalt 5 . Native Nation Courts: Key Players in Nation Rebuilding Joseph Thomas Flies-Away, Carrie Garrow, and Miriam Jorgensen 6. Getting Things Done for the Nation: The Challenge of Tribal Administration Stephen Cornell and Miriam Jorgensen Part 3 Reconceiving Key Functions 7. Managing the Boundary between Business and Politics: Strategies for Improving the Chances for Success in Tribally Owned Enterprises Kenneth Grant and Jonathan Taylor 8. Citizen Entrepreneurship: An Underutilized Development Resource Stephen Cornell, Miriam Jorgensen, Ian Wilson Record, and Joan Timeche 9. Governmental Services and Programs: Meeting Citizens' Needs Alyce S. Adams, Andrew J. Lee, and Michael Lipsky 10. Intergovernmental Relationships: Expressions of Tribal Sovereignty Sarah L. Hicks Part 4 Making It Happen 11. Rebuilding Native Nations: What Do Leaders Do? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Nathan Pryor 12. Seizing the Future: Why Some Native Nations Do and Others Don't Stephen Cornell, Miriam Jorgensen, Joseph P. Kalt, and Katherine Spilde Contreras Afterword by Satsan (Herb George) References About the Contributors Index