Freedom and Indigenous Constitutionalism

Häftad, Engelska, 2016

389 kr

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Beskrivning

Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance.Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.

Produktinformation

Utgivningsdatum:2016-04-08
Mått:152 x 228 x 22 mm
Vikt:580 g
Format:Häftad
Språk:Engelska
Antal sidor:384
Förlag:University of Toronto Press
ISBN:9781442629233
Utmärkelser:Joint winner of Donald Smiley Prize awarded by the Canadian Political Science Association 2017 (Canada)

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Mer om författaren

John Borrows is a professor and the Loveland Chair in Indigenous Law in the Faculty of Law at the University of Toronto.

Recensioner i media

"This remarkable work is at once challenging and accessible, philosophical and practical, and wide-ranging while firmly rooted in Anishinaabe tradition. Borrows takes a realistic, creative, and intellectually rigorous approach to some of the most difficult and pressing issues in Indigenous law, constitutional law, and political philosophy, as well as all readers who wish to better understand the relationship between indigenous peoples and Canada."- Katherine Starks (Saskatchewan Law Review) "Borrows does not ask the reader to comply with his own philosophies. Instead, he asks that we be rigorous within our own thinking and that we resist imprisoning ourselves within established conventions."- Deborah McGregor, York University (University of Toronto Quarterly, vol 87 3, Summer 2018)

Innehållsförteckning

Introduction1. Physical Philosophy: Mobility and Indigenous Peoples2. Civil (Dis)Obedience, Freedom and Democracy3. Indigenous Politics and Canadian Constitutionalism4. (Ab)Originalism and Aboriginal Rights5. Legislation and Indigenous Self-Determination in Canada and the United States6. Aboriginal and Treaty Rights and Violence Against Women7. Conclusion