Native American Common Law And Legal Institutions

Author : Leon Shaskolsky Sheleff
Publisher : Routledge
Page : 592 pages
File Size : 45,7 Mb
Release : 2013-09-05
Category : History
ISBN : 9781136326158

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The Future of Tradition by Leon Shaskolsky Sheleff Pdf

Recent years have seen an increased interest in the variety of cultures co-existing within one state, and a growing acknowledgement of the values ensconced in pluralistic social structures. this book examines the manner in which indigenous people can function in modern states, preserving their traditional customs, while simultaneously adapting aspects of their culture to the challenges posed by modern life. Whereas it was formerly assumed that these tribal frameworks were doomed to extinction, and some states even encouraged such a process, there has been a revival in their vitality, linked to a recognition of their rights. The book offers a comprehensive survey of various aspects of tribal life, focusing on political issues such as the meaning of sovereignty, legal issues dealing with the role of custom and social issues concerned with sustaining communal life. A focused study is made of a whole series of legal factors, relating to possession and ownership of land, religious rites, the nature of polygamous marriages, the assertion of group rites, the manner of peacefully resolving disputes and allied questions. Recent judicial decisions are analysed as a reflection of the far-reaching changes that have taken place, in a process that has seen the former disregard of basic rights of indigenous people being replaced by an awareness of the injustices perpetrated in the past and a willingness to seek to redress them. The comparison between approaches of different English-speaking countries provides an account of interwoven developments.

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 44,7 Mb
Release : 2008-01-01
Category : Law
ISBN : 9780774843737

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Indigenous Legal Traditions by Law Commission of Canada Pdf

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Author : Walter Echo-Hawk
Publisher : Fulcrum Publishing
Page : 422 pages
File Size : 47,9 Mb
Release : 2018-03-26
Category : Law
ISBN : 9781555917883

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In the Courts of the Conquerer by Walter Echo-Hawk Pdf

Now in paperback, an important account of ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical/political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day.

Author : Bruce Clark
Publisher : McGill-Queen's Press - MQUP
Page : 399 pages
File Size : 41,9 Mb
Release : 1999-10-19
Category : Law
ISBN : 9780773568143

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Justice in Paradise by Bruce Clark Pdf

A jurisprudential adventure story, Justice in Paradise recounts how a commitment to Native rights and an extraordinary passion for the rule of law have determined the course of Clark's life. From a childhood in an Indian residential school, to the defense of aboriginal rights before the World Court, to being disbarred, Bruce Clark's struggle has led him to a fight against the justice system itself. Justice in Paradise explains the legal and philosophical position behind Clark's opposition to the Indian rights industry. He argues that the North American legal system causes the genocide of those indigenous peoples who embrace traditional religion and identity and accuses those who administer it with chicanery and abandoning the rule of law. Smeared in the media for his beliefs and attacked from the bench - he has been called "a disgrace to the bar" by the Chief Justice of Canada's Supreme Court - his book Native Liberty, Crown Sovereignty has been hailed as "the most important and meticulous recent study of native rights in common law" (Canadian Journal of Political Science). Clark turned his back on a comfortable lawyer's life to defend the rule of law and Native rights. He moved with his family to Indian reservations and then to squats while he argued his case before the World Court in Europe. Now, no longer able to practice law, he has been adopted by the Mohicans and together they are fighting for Liberty Island and the Hudson River drainage basin. In his extraordinary memoir, Justice in Paradise, Bruce Clark - hero to some, extremist to others - details the battles of a renegade's life.

Author : Paul G. McHugh
Publisher : Unknown
Page : 854 pages
File Size : 55,8 Mb
Release : 2004
Category : Aboriginal Australians
ISBN : STANFORD:36105127761729

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Aboriginal Societies and the Common Law by Paul G. McHugh Pdf

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.

Author : Marianne O. Nielsen,Karen Jarratt-Snider
Publisher : University of Arizona Press
Page : 225 pages
File Size : 43,9 Mb
Release : 2020-05-05
Category : Social Science
ISBN : 9780816540419

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Traditional, National, and International Law and Indigenous Communities by Marianne O. Nielsen,Karen Jarratt-Snider Pdf

This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.

Author : Anonim
Publisher : Unknown
Page : 780 pages
File Size : 42,6 Mb
Release : 1994
Category : Indians of North America
ISBN : STANFORD:36105061720699

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Native American Common Law and Legal Institutions by Anonim Pdf

Author : Marianne O. Nielsen,Robert A. Silverman
Publisher : University of Arizona Press
Page : 260 pages
File Size : 45,7 Mb
Release : 2009-04-09
Category : Social Science
ISBN : 0816526532

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Criminal Justice in Native America by Marianne O. Nielsen,Robert A. Silverman Pdf

Native Americans are disproportionately represented as offenders in the U.S. criminal justice system. However, until recently there was little investigation into the reasons. Furthermore, there has been little acknowledgment of the positive contributions of Native Americans to the criminal justice system- in rehabilitating offenders, aiding victims, and supporting service providers. This book offers a valuable and contemporary overview of how the American criminal justice system impacts Native Americans on both sides of the law. Contributors- many of whom are Native Americans- rank among the top scholars in their fields. Some of the chapters treat broad subjects, including crime, police, courts, victimization, corrections, and jurisdiction. Others delve into more specific topics, including hate crimes against Native Americans, state-corporate crimes against Native Americans, tribal peacemaking, and cultural stresses of police officers. Separate chapters are devoted to women and juveniles.

Author : Felix S. Cohen,United States. Department of the Interior. Office of the Solicitor
Publisher : Unknown
Page : 662 pages
File Size : 46,7 Mb
Release : 1971
Category : Indians of North America
ISBN : OCLC:223192327

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Handbook of Federal Indian Law by Felix S. Cohen,United States. Department of the Interior. Office of the Solicitor Pdf

Author : René David,John E. C. Brierley
Publisher : Simon and Schuster
Page : 612 pages
File Size : 48,9 Mb
Release : 1978
Category : Comparative law
ISBN : 9780029076101

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Major Legal Systems in the World Today by René David,John E. C. Brierley Pdf

A significant introduction to the study of comparative law and a notable scholarly work, Major Legal Systems in the World Today analyzes the general characteristics which lie behind the development of the four principal legal systems of the world: the Civil law, the Common law, the Socialist law (primarily Soviet), and those based on religious or philosophical principles (Muslim, Hindu, Chinese, Japanese, and African). Providing unique insights into the spirt of each legal family, the book presents a total view of the historical foundation and the sources and structure of the law in each system.

Author : Jeffrey Glover
Publisher : University of Pennsylvania Press
Page : 323 pages
File Size : 52,9 Mb
Release : 2014-04-03
Category : History
ISBN : 9780812209662

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Paper Sovereigns by Jeffrey Glover Pdf

In many accounts of Native American history, treaties are synonymous with tragedy. From the beginnings of settlement, Europeans made and broke treaties, often exploiting Native American lack of alphabetic literacy to manipulate political negotiation. But while colonial dealings had devastating results for Native people, treaty making and breaking involved struggles more complex than any simple contest between invaders and victims. The early colonists were often compelled to negotiate on Indian terms, and treaties took a bewildering array of shapes ranging from rituals to gestures to pictographs. At the same time, Jeffrey Glover demonstrates, treaties were international events, scrutinized by faraway European audiences and framed against a background of English, Spanish, French, and Dutch imperial rivalries. To establish the meaning of their agreements, colonists and Natives adapted and invented many new kinds of political representation, combining rituals from tribal, national, and religious traditions. Drawing on an archive that includes written documents, printed books, orations, landscape markings, wampum beads, tally sticks, and other technologies of political accounting, Glover examines the powerful influence of treaty making along the vibrant and multicultural Atlantic coast of the seventeenth century.

Author : Deloria Vine,Clifford M. Lytle
Publisher : Univ of TX + ORM
Page : 366 pages
File Size : 54,6 Mb
Release : 2010-06-28
Category : Law
ISBN : 9780292747821

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American Indians, American Justice by Deloria Vine,Clifford M. Lytle Pdf

This comprehensive overview of federal Indian law explores the context and complexities of modern Native American politics and legal rights. Both accessible and authoritative, American Indians, American Justice is an essential sourcebook for all concerned with the plight of the contemporary Indian. Beginning with an examination of the historical relationship of Indians and the courts, the authors describe how tribal courts developed and operate today, and how they relate to federal and state governments. They also define such key legal concepts as tribal sovereignty and Indian Country. By comparing and contrasting the workings of Indian and non-Indian legal institutions, the authors illustrate how Indian tribes have adapted their customs, values, and institutions to the demands of the modern world. They examine how attorneys and Indian advocates defend Indian rights; identify the typical challenges Indians face in the criminal and civil legal arenas; and explore the public policy and legal rights of Indians as regards citizenship, voting rights, religious freedom, and basic governmental services.

Author : Harold R. Johnson
Publisher : McClelland & Stewart
Page : 149 pages
File Size : 54,5 Mb
Release : 2019-09-24
Category : History
ISBN : 9780771048739

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Peace and Good Order by Harold R. Johnson Pdf

An urgent, informed, intimate condemnation of the Canadian state and its failure to deliver justice to Indigenous people by national bestselling author and former Crown prosecutor Harold R. Johnson. "The night of the decision in the Gerald Stanley trial for the murder of Colten Boushie, I received a text message from a retired provincial court judge. He was feeling ashamed for his time in a system that was so badly tilted. I too feel this way about my time as both defence counsel and as a Crown prosecutor; that I didn't have the courage to stand up in the court room and shout 'Enough is enough.' This book is my act of taking responsibility for what I did, for my actions and inactions." --Harold R. Johnson In early 2018, the failures of Canada's justice system were sharply and painfully revealed in the verdicts issued in the deaths of Colten Boushie and Tina Fontaine. The outrage and confusion that followed those verdicts inspired former Crown prosecutor and bestselling author Harold R. Johnson to make the case against Canada for its failure to fulfill its duty under Treaty to effectively deliver justice to Indigenous people, worsening the situation and ensuring long-term damage to Indigenous communities. In this direct, concise, and essential volume, Harold R. Johnson examines the justice system's failures to deliver "peace and good order" to Indigenous people. He explores the part that he understands himself to have played in that mismanagement, drawing on insights he has gained from the experience; insights into the roots and immediate effects of how the justice system has failed Indigenous people, in all the communities in which they live; and insights into the struggle for peace and good order for Indigenous people now.

Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 44,6 Mb
Release : 2021
Category : Law
ISBN : 9780192896919

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Understanding Administrative Law in the Common Law World by Paul Daly Pdf

A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

Author : Philip Girard,Jim Phillips,R. Blake Brown
Publisher : University of Toronto Press
Page : 928 pages
File Size : 40,5 Mb
Release : 2018-01-01
Category : Law
ISBN : 9781487504632

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A History of Law in Canada, Vol. 1 by Philip Girard,Jim Phillips,R. Blake Brown Pdf

A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.