Joshua Nichols - Böcker

Over two decades ago we were confronted by the end of the Soviet Union and collapse of the geo-politicall divisions that had defined much of the twentieth century. From this particular end, the ‘end of history’ was proclaimed. But is it still possible to argue that liberal democracy and free market capitalism are the final form of law and mode of production in human history? Recent events have called this into question: the Arab Spring, the War on Terror, global economic crises, and looming ecological crises. It seems that history is far from over. Yet, the idea of ‘the end’ remains, for example, in the question of the future of the American empire, the establishment of a new era of international law, and the resurgence of religion as a dominant source of political identification. This collection of essays explores ‘the end’ in various contexts, including art, politics, and the philosophy of time and existence. In different ways, all of the essays address emerging horizons of meaning and reality.

Over two decades ago we were confronted by the end of the Soviet Union and collapse of the geo-political divisions that had defined much of the twentieth century. From this particular end, the ‘end of history’was proclaimed. But is it still possible to argue that liberal democracy and free market capitalism are the final form of law and mode of production in human history? Recent events have called this into question: the Arab Spring, the War on Terror, global economic crises, and looming ecological crises. It seems that history is far from over. Yet, the idea of ‘the end’ remains, for example, in the question of the future of the American empire, the establishment of a new era of international law, and the resurgence of religion as a dominant source of political identification. This collection of essays explores ‘the end’ in various contexts, including art, politics, and the philosophy of time and existence. In different ways, all of the essays address emerging horizons of meaning and reality.

This edited volume argues that democracy is broader and more diverse than the dominant state-centered, modern representative democracies, to which other modes of democracy are either presumed subordinate or ignored. The contributors seek to overcome the standard opposition of democracy from below (participatory) and democracy from above (representative). Rather, they argue that through differently situated participatory and representative practices, citizens and governments can develop democratic ways of cooperating without hegemony and subordination, and that these relationships can be transformative. This work proposes a slow but sure, nonviolent, eco-social and sustainable process of democratic generation and growth with the capacity to critique and transform unjust and ecologically destructive social systems. This volume integrates human-centric democracies into a more mutual, interdependent and sustainable system on earth whereby everyone gains.

This edited volume argues that democracy is broader and more diverse than the dominant state-centered, modern representative democracies, to which other modes of democracy are either presumed subordinate or ignored. The contributors seek to overcome the standard opposition of democracy from below (participatory) and democracy from above (representative). Rather, they argue that through differently situated participatory and representative practices, citizens and governments can develop democratic ways of cooperating without hegemony and subordination, and that these relationships can be transformative. This work proposes a slow but sure, nonviolent, eco-social and sustainable process of democratic generation and growth with the capacity to critique and transform unjust and ecologically destructive social systems. This volume integrates human-centric democracies into a more mutual, interdependent and sustainable system on earth whereby everyone gains.

What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance—punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure—is expressed by the idea of "cruel and unusual punishment." This phrase was originally contained in the English Bill of Rights (1689). But it (and versions of it) has since found its way into numerous constitutions and declarations, including Article 5 of the Universal Declaration of Human Rights, as well as the Amendment to the US Constitution. Clearly, in order for the use of violence to be legitimate, it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not, and its application in punitive practice is constituted by a host of extra-legal factors and social and political structures. It is this essential contestability of the limit which distinguishes punishment from violence that this book addresses. And, including contributions from a range of internationally renowned scholars, it offers a plurality of original and important responses to the contemporary question of the relationship between punishment and the limits of law.

What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance—punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure—is expressed by the idea of "cruel and unusual punishment." This phrase was originally contained in the English Bill of Rights (1689). But it (and versions of it) has since found its way into numerous constitutions and declarations, including Article 5 of the Universal Declaration of Human Rights, as well as the Amendment to the US Constitution. Clearly, in order for the use of violence to be legitimate, it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not, and its application in punitive practice is constituted by a host of extra-legal factors and social and political structures. It is this essential contestability of the limit which distinguishes punishment from violence that this book addresses. And, including contributions from a range of internationally renowned scholars, it offers a plurality of original and important responses to the contemporary question of the relationship between punishment and the limits of law.

The current framework for reconciliation between Indigenous peoples and the Canadian state is based on the Supreme Court of Canada’s acceptance of the Crown’s assertion of sovereignty, legislative power, and underlying title. The basis of this assertion is a long-standing interpretation of Section 91(24) of Canada’s Constitution, which reads it as a plenary grant of power over Indigenous communities and their lands, leading the courts to simply bypass the question of the inherent right of self-government.In A Reconciliation without Recollection?, Joshua Ben David Nichols argues that if we are to find a meaningful path toward reconciliation, we will need to address the history of sovereignty without assuming its foundations. Exposing the limitations of the current model, Nichols carefully examines the lines of descent and association that underlie the legal conceptualization of the Aboriginal right to govern.Blending legal analysis with insights drawn from political theory and philosophy, A Reconciliation without Recollection? is an ambitious and timely intervention into one of the most pressing concerns in Canada.

Indigenous peoples in Canada are striving for greater economic prosperity and political self-determination. Investigating specific legal, economic, and political practices, and including research from interviews with Indigenous political and business leaders, this collection seeks to provide insights grounded in lived experience. Covering such critical topics as economic justice and self-determination, and the barriers faced in pursuing each, Wise Practices sets out to understand the issues not in terms of sweeping empirical findings but through particular experiences of individuals and communities. The choice to focus on specific practices of law and governance is a conscious rejection of idealized theorizing about law and governance and represents an important step beyond the existing scholarship.This volume offers readers a broad scope of perspectives, incorporating contemporary thought on Indigenous law and legal orders, the impact of state law on Indigenous peoples, theories and practices of economic development, and grounded practices of governances. While the authors address a range of topics, each does so in a way that sheds light on how Indigenous practices of law and governance support the social and economic development of Indigenous peoples.

As a settler state, Canada’s claims to sovereign control over territory are contested by Indigenous claims to land and to self-determination. Indigenous Peoples and the Future of Federalism presents legal analyses that explore forms of federalism and their potential to include multiple and divided sovereignties.This collection aims to advance reconciliation with Indigenous peoples in Canada and elsewhere by developing jurisprudence on the possibilities for a nation-to-nation relationship between Indigenous nations and Crown sovereignty. Contributors use legal creativity to explore how federalism can be structured to include the constitutional jurisdiction of Indigenous nations. Several chapters are grounded in the Canadian context while others connect the issues to international law and other settler colonial jurisdictions, recognizing how Indigenous resistance to settler laws and government decisions can at the same time be the enactment of Indigenous legalities and constitutional cultures. Ultimately, Indigenous Peoples and the Future of Federalism offers innovative ways for Canada to move forward from this challenge using existing constitutional mechanisms to give life to a plurinational Canadian federalism inclusive of the jurisdiction of Indigenous peoples.