Freedom and Indigenous Constitutionalism

Freedom and Indigenous Constitutionalism
Title Freedom and Indigenous Constitutionalism PDF eBook
Author John Borrows
Publisher University of Toronto Press
Pages 382
Release 2016-01-01
Genre History
ISBN 1442629231

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John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom.

Freedom's Law and Indigenous Rights

Freedom's Law and Indigenous Rights
Title Freedom's Law and Indigenous Rights PDF eBook
Author Bartolomé Clavero
Publisher Robbins Collection, School of Law
Pages 202
Release 2005
Genre Social Science
ISBN 9781882239160

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Drawing Out Law

Drawing Out Law
Title Drawing Out Law PDF eBook
Author John Borrows
Publisher University of Toronto Press
Pages 281
Release 2010-01-01
Genre Social Science
ISBN 1442610093

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Shedding light on Canadian law and policy as they relate to Indigenous peoples, Drawing Out Law illustrates past and present moral agency of Indigenous peoples and their approaches to the law and calls for the renewal of ancient Ojibway teaching in contemporary circumstances.

Constitutionalism

Constitutionalism
Title Constitutionalism PDF eBook
Author Charles Howard McIlwain
Publisher The Lawbook Exchange, Ltd.
Pages 172
Release 2005
Genre Constitutional history
ISBN 1584775505

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Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.

The Oxford Handbook of the Canadian Constitution

The Oxford Handbook of the Canadian Constitution
Title The Oxford Handbook of the Canadian Constitution PDF eBook
Author Peter Crawford Oliver
Publisher Oxford University Press
Pages 1169
Release 2017
Genre Law
ISBN 0190664819

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The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

Freedom and Indigenous Constitutionalism

Freedom and Indigenous Constitutionalism
Title Freedom and Indigenous Constitutionalism PDF eBook
Author John Borrows
Publisher University of Toronto Press
Pages 382
Release 2016-05-12
Genre Social Science
ISBN 1442630957

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Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.

Law's Indigenous Ethics

Law's Indigenous Ethics
Title Law's Indigenous Ethics PDF eBook
Author John Borrows
Publisher University of Toronto Press
Pages 390
Release 2019-05-06
Genre Law
ISBN 148753115X

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Law’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.