Researching Indigenous Law Legal Anthropology Or Comparative Law

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Researching Indigenous Law. Legal Anthropology or Comparative Law?

Stefan Kirchner
Researching Indigenous Law Legal Anthropology or Comparative Law Book PDF

Author : Stefan Kirchner
Publisher : GRIN Verlag
Page : 20 pages
File Size : 40,9 Mb
Release : 2015-07-03
Category : Law
ISBN : 9783668010925

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Researching Indigenous Law. Legal Anthropology or Comparative Law? by Stefan Kirchner Pdf

Essay from the year 2015 in the subject Law - Comparative Legal Systems, Comparative Law, , language: English, abstract: In developed countries, indigenous peoples are often portrayed as (noble) savages or as remnants from an other age. However, they are neither. While being different from the majority population, and all too often having been (and often continuing to be) oppressed, in recent years a change has become visible in the attitude towards indigenous peoples. Indigenous peoples are first of all that, peoples - with their own cultures and histories. It is because of their particular lifestyle and relationship with an other culture, that they are seen as different. However, more and more indigenous peoples are taken more seriously in their own right. In this essay the research of indigenous legal norms by outsiders is investigated from the perspective of indigenous rights. Based on a premise of respect for indigenous norms, issues such as benefit sharing and access to research results are discussed, as well as research ethics.

Law and Anthropology

René Kuppe,Richard Potz
Law and Anthropology Book PDF

Author : René Kuppe,Richard Potz
Publisher : Martinus Nijhoff Publishers
Page : 340 pages
File Size : 46,9 Mb
Release : 2001-04-25
Category : Law
ISBN : 9041116028

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Law and Anthropology by René Kuppe,Richard Potz Pdf

Amazon.

Law and Anthropology

René Kuppe,Richard Potz
Law and Anthropology Book PDF

Author : René Kuppe,Richard Potz
Publisher : Martinus Nijhoff Publishers
Page : 304 pages
File Size : 44,7 Mb
Release : 1996-02-14
Category : Law
ISBN : 9041101942

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Law and Anthropology by René Kuppe,Richard Potz Pdf

The "Law & Anthropology Yearbook" brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. "Volume 8" contains a selection of edited papers presented at the VIth International Symposium of the Commission on Folk Law and Legal Pluralism, dealing with the topic of Indigenous Self-Determination and Legal Pluralism'.

International Yearbook for Legal Anthropology, Volume 11

René Kuppe,Richard Potz
International Yearbook for Legal Anthropology Volume 11 Book PDF

Author : René Kuppe,Richard Potz
Publisher : BRILL
Page : 332 pages
File Size : 48,7 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004478282

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International Yearbook for Legal Anthropology, Volume 11 by René Kuppe,Richard Potz Pdf

The Law & Anthropology Yearbook brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. Volume 11 of Law & Anthropology includes eight studies that discuss various forms in which the rights of indigenous people are violated. Topics include: the emergence of indigenous law in Chile as an example of legal pluralism; the impact of Peruvian national legislation on indigenous peoples; and the fishing dispute in Atlantic Canada following the decision of the Supreme Court of Canada acknowledging that the aboriginal right to fish was never extinguished.

Declarations of Interdependence

Kirsten Anker
Declarations of Interdependence Book PDF

Author : Kirsten Anker
Publisher : Routledge
Page : 256 pages
File Size : 55,5 Mb
Release : 2016-05-13
Category : Law
ISBN : 9781317153849

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Declarations of Interdependence by Kirsten Anker Pdf

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.

Research Handbook on the International Law of Indigenous Rights

Newman, Dwight
Research Handbook on the International Law of Indigenous Rights Book PDF

Author : Newman, Dwight
Publisher : Edward Elgar Publishing
Page : 528 pages
File Size : 53,8 Mb
Release : 2022-04-19
Category : Law
ISBN : 9781788115797

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Research Handbook on the International Law of Indigenous Rights by Newman, Dwight Pdf

This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising in international Indigenous rights law.

Cultural Law

James A. R. Nafziger,Robert Kirkwood Paterson,Alison Dundes Renteln
Cultural Law Book PDF

Author : James A. R. Nafziger,Robert Kirkwood Paterson,Alison Dundes Renteln
Publisher : Cambridge University Press
Page : 1041 pages
File Size : 55,6 Mb
Release : 2010-11
Category : Law
ISBN : 9780521865500

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Cultural Law by James A. R. Nafziger,Robert Kirkwood Paterson,Alison Dundes Renteln Pdf

A collection on cultural law that demonstrates efficacy of comparative, international, and indigenous law in the context of culture-related issues.

Ethnography and Law

Eve Darian-Smith
Ethnography and Law Book PDF

Author : Eve Darian-Smith
Publisher : Routledge
Page : 906 pages
File Size : 54,7 Mb
Release : 2017-11-30
Category : Law
ISBN : 9781351158824

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Ethnography and Law by Eve Darian-Smith Pdf

Ethnographies of law are historically associated with anthropology and the study of far-away places and people. In contrast, this volume underscores the importance of ethnographic research in analyzing law in all societies, particularly complex developed nations. By exploring recent ethnographic research by socio-legal scholars across a range of disciplines, the volume highlights how an ethnographic approach helps in appreciating the realities of legal pluralism, the subtle contradictions in any legal system and how legal meaning is constantly reproduced on the ground through the cultural frames and practices of peoples' everyday lives.

Indigenous law and the state

Bradford W. Morse,Gordon R. Woodman
Indigenous law and the state Book PDF

Author : Bradford W. Morse,Gordon R. Woodman
Publisher : Walter de Gruyter GmbH & Co KG
Page : 480 pages
File Size : 41,6 Mb
Release : 2019-11-18
Category : Law
ISBN : 9783110854800

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Indigenous law and the state by Bradford W. Morse,Gordon R. Woodman Pdf

No detailed description available for "Indigenous law and the state".

Indigenous Peoples and the Law

Benjamin J. Richardson,Kent McNeil
Indigenous Peoples and the Law Book PDF

Author : Benjamin J. Richardson,Kent McNeil
Publisher : Unknown
Page : 432 pages
File Size : 51,8 Mb
Release : 2024-06-27
Category : Electronic books
ISBN : 1509955569

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Indigenous Peoples and the Law by Benjamin J. Richardson,Kent McNeil Pdf

Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places."--Pub. desc.

Indigenous Peoples and the Law

Benjamin J Richardson,Shin Imai,Kent McNeil
Indigenous Peoples and the Law Book PDF

Author : Benjamin J Richardson,Shin Imai,Kent McNeil
Publisher : Bloomsbury Publishing
Page : 446 pages
File Size : 47,8 Mb
Release : 2009-03-18
Category : Law
ISBN : 9781509942206

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Indigenous Peoples and the Law by Benjamin J Richardson,Shin Imai,Kent McNeil Pdf

Indigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples. The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory. Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places.

Lawyers and Savages

Kaius Tuori
Lawyers and Savages Book PDF

Author : Kaius Tuori
Publisher : Routledge
Page : 233 pages
File Size : 55,8 Mb
Release : 2014-09-19
Category : History
ISBN : 9781317815990

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Lawyers and Savages by Kaius Tuori Pdf

Legal primitivism was a complex phenomenon that combined the study of early European legal traditions with studies of the legal customs of indigenous peoples. Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology explores the rise and fall of legal primitivism, and its connection to the colonial encounter. Through examples such as blood feuds, communalism, ordeals, ritual formalism and polygamy, this book traces the intellectual revolution of legal anthropology and demonstrates how this scholarship had a clear impact in legitimating the colonial experience. Detailing how legal realism drew on anthropology in order to help counter the hypothetical constructs of legal formalism, this book also shows how, despite their explicit rejection, the central themes of primitive law continue to influence current ideas – about indigenous legal systems, but also of the place and role of law in development. Written in an engaging style and rich in examples from history and literature, this book will be invaluable to those with interests in legal realism, legal history or legal anthropology.

Critical Indigenous Rights Studies

Giselle Corradi,Koen de Feyter,Ellen Desmet,Katrijn Vanhees
Critical Indigenous Rights Studies Book PDF

Author : Giselle Corradi,Koen de Feyter,Ellen Desmet,Katrijn Vanhees
Publisher : Routledge
Page : 238 pages
File Size : 51,9 Mb
Release : 2018-08-17
Category : Law
ISBN : 9781351747554

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Critical Indigenous Rights Studies by Giselle Corradi,Koen de Feyter,Ellen Desmet,Katrijn Vanhees Pdf

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, 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.

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

Brendan Tobin
Indigenous Peoples Customary Law and Human Rights Why Living Law Matters Book PDF

Author : Brendan Tobin
Publisher : Routledge
Page : 325 pages
File Size : 47,7 Mb
Release : 2014-08-27
Category : Law
ISBN : 9781317697541

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Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters by Brendan Tobin Pdf

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.

People's Law and state law

Antony Allott,Gordon R. Woodman
People s Law and state law Book PDF

Author : Antony Allott,Gordon R. Woodman
Publisher : Walter de Gruyter
Page : 365 pages
File Size : 50,6 Mb
Release : 2011-05-02
Category : Law
ISBN : 9783110866285

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People's Law and state law by Antony Allott,Gordon R. Woodman Pdf

People's Law and State Law: The Bellagio Papers.