Indigenous Peoples and the Law最新文献

Aboriginal Discourse: Gender, Identity, and Community 原住民语篇:性别、身份与社群

Indigenous Peoples and the Law Pub Date : 1900-01-01 DOI: 10.5040/9781509955565.ch-009

Val Napoleon

引用次数: 7

The Māori Encounter with Aotearoa: New Zealand’s Legal System Māori与Aotearoa相遇:新西兰的法律制度

Indigenous Peoples and the Law Pub Date : 1900-01-01 DOI: 10.5040/9781509955565.ch-005

Jacinta Ruru

引用次数: 3

Promise and Paradox: The Emergence of Indigenous Rights Law in Canada 承诺与悖论:加拿大原住民权利法的出现

Indigenous Peoples and the Law Pub Date : 1900-01-01 DOI: 10.5040/9781509955565.ch-002

M. Walters

引用次数: 6

Physical Philosophy: Mobility and the Future of Indigenous Rights 物理哲学:流动性和土著权利的未来

Indigenous Peoples and the Law Pub Date : 1900-01-01 DOI: 10.5040/9781509955565.ch-015

John Borrows

引用次数: 3

Indigenous Peoples and the Law—Historical, Comparative and Contextual Issues 土著人民与法律——历史、比较和语境问题

Indigenous Peoples and the Law Pub Date : 1900-01-01 DOI: 10.5040/9781509955565.ch-001

B. Richardson, K. Mcneil, Shin Imai

引用次数: 6

The Inter-American System and the Rights of Indigenous Peoples: Human Rights and the Realist Model 美洲体系与土著人民的权利:人权与现实主义模式

Indigenous Peoples and the Law Pub Date : 1900-01-01 DOI: 10.5040/9781509955565.ch-006

James Hopkins

引用次数: 0

Indigenous Legal Theory: Some Initial Considerations 本土法律理论:一些初步思考

Indigenous Peoples and the Law Pub Date : 1900-01-01 DOI: 10.5040/9781509955565.ch-008

Gordon Christie

引用次数: 11

Law of the Land—Recognition and Resurgence in Indigenous Law and Justice Systems 土地承认法及其在土著法律和司法系统中的复兴

Indigenous Peoples and the Law Pub Date : 1900-01-01 DOI: 10.5040/9781509955565.ch-012

Christine Zuni Cruz

{"title":"Law of the Land—Recognition and Resurgence in Indigenous Law and Justice Systems","authors":"Christine Zuni Cruz","doi":"10.5040/9781509955565.ch-012","DOIUrl":"https://doi.org/10.5040/9781509955565.ch-012","url":null,"abstract":"This paper begins with a discussion of the Indigenous legal tradition and explores its connection to the land. Borrowing from the work of Indigenous scholars, it describes the Indigenous legal tradition as a part of Indigenous knowledge, which stems from an ecological order rooted in specific “place.” The recognition of the Indigenous legal tradition by nation states does not always lead to its acceptance. Indigenous legal tradition requires a special approach because of its unique texts. Drawing on previous work, this paper elaborates on the Indigenous legal tradition. The Indigenous legal tradition struggles in relation to the existing justice systems of U.S. tribes because these justice systems are products of the common law tradition which were introduced to tribes. While development of these justice systems is within the hands of indigenous peoples, the tension between the two traditions is apparent. The paper addresses first its recognition by the judiciaries of the United States, Australia and Canada exploring the characterization of the Indigenous legal tradition by these courts. The recognition by external courts is challenged by the ingrained frame used to understand thier law. The Indigenous legal tradition is often viewed as contrary to the law of nation states and misunderstood, as can be seen in various court opinions of the highest court of the United States. Canada and Australia’s high courts seem to captivate and restrict its usage. The paper then considers the use of the Indigenous legal tradition by tribes themselves in the development of law and justice systems. The tension between tribal court systems, modeled on the common law tradition of American law, and the Indigenous legal tradition is sharp. Indigenous language is an important key in comprehending Indigenous law and in understanding its principles. The Indigenous legal tradition is a part of Indigenous knowledge and therefore must be considered in that vein. The paper concludes with a consideration of three critical elements of conscious Indigenous planning: language, process and knowledge. These three elements are considered in the context of the Pueblo of Isleta’s movement to establish its justice system. The reaction to the challenges of modern”tribal” justice systems with their foundations in the common law, can be to accommodate the Indigenous legal tradition.","PeriodicalId":154891,"journal":{"name":"Indigenous Peoples and the Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114334387","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 7

The Dyadic Character of US Indian Law 美国印第安人法律的二元性

Indigenous Peoples and the Law Pub Date : 1900-01-01 DOI: 10.5040/9781509955565.ch-003

B. Richardson

引用次数: 4