ENGLISH

Declarations of Interdependence: A Legal Pluralist Approach to Indigenous Rights

By Kirsten Anker

Book information

Publisher
Ashgate
Year
2014
ISBN
1409447375, 9781409447375
Language
english
Format
PDF
Filesize
1 MB (1284263 bytes)
Series
Cultural Diversity and Law
Pages
237\246
Scanned
yes
Time added
2015-11-13 01:48:00
General Constitutional Law Legal Education Annotat

Description

This book takes up the postcolonial challenge for law and explains how the problems of legal recognition for Indigenous peoples are tied to an orthodox theory of law. Constructing a theory of legal pluralism that is both critical of law's epistemological and ontological presuppositions, as well as discursive in engaging a dialogue between legal traditions, Anker focusses on prominent aspects of legal discourse and process such as sovereignty, proof, cultural translation and negotiation. With case studies and examples principally drawn from Australia and Canada, the book seeks to set state law in front of its own reflection in the mirror of Indigenous rights, drawing on a broad base of scholarship in addition to legal theory, from philosophy, literary studies, anthropology, social theory, Indigenous studies and art. As a contribution to legal theory, the study advances legal pluralist approaches not just by imagining a way to 'make space for' Indigenous legal traditions, but by actually working with their insights in building theory. The book will be of value to students and researchers interested in Indigenous rights as well as those working in the areas of socio-legal studies, legal pluralism and law and cultural diversity.

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