A reconciliation without recollection? : an investigation of the foundations of Aboriginal law in Canada / Joshua Ben David Nichols ; with forewords by John Borrows and James Tully.
2020
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Details
Title
A reconciliation without recollection? : an investigation of the foundations of Aboriginal law in Canada / Joshua Ben David Nichols ; with forewords by John Borrows and James Tully.
Imprint
Toronto ; Buffalo ; London : University of Toronto Press, [2020]
Copyright
©2020
Description
1 online resource (xxx, 376 pages)
Formatted Contents Note
Reconciliation without Recollection
A Genealogy of Reconciliation: Civilizing, Extinction, and Culturalism as the Discursive Foundations of the Indian Act
A Despotism for Dealing with Barbarians: A Survey of the Foundations of Indian Policy in Canada
A Law without Measure for a Land without Citizens: The Indian Act in Canadian Jurisprudence
An Era of Reconciliation, an Era of Indirect Rule: From the White Paper to the Full Box of Rights.
A Genealogy of Reconciliation: Civilizing, Extinction, and Culturalism as the Discursive Foundations of the Indian Act
A Despotism for Dealing with Barbarians: A Survey of the Foundations of Indian Policy in Canada
A Law without Measure for a Land without Citizens: The Indian Act in Canadian Jurisprudence
An Era of Reconciliation, an Era of Indirect Rule: From the White Paper to the Full Box of Rights.
Summary
"The current framework for reconciliation between Indigenous peoples and the Canadian state is based on the Supreme Court of Canada's acceptance of the Crown's assertion of sovereignty, legislative power, and underlying title. The basis of this assertion is a long-standing interpretation of Section 91(24) of Canada's Constitution, which reads it as a plenary grant of power over Indigenous communities and their lands, leading the courts to simply bypass the question of the inherent right of self-government. In A Reconciliation without Recollection, Joshua Ben David Nichols argues that if we are to find a meaningful path toward reconciliation, we will need to address the history of sovereignty without assuming its foundations. Exposing the limitations of the current model, Nichols carefully examines the lines of descent and association that underlie the legal conceptualization of the Aboriginal right to govern. Blending legal analysis with insights drawn from political theory and philosophy, A Reconciliation without Recollection is an ambitious and timely intervention into one of the most pressing concerns in Canada. (The Centre for International Governance Innovation is an independent, non-partisan think tank with an objective and uniquely global perspective. Our research, opinions, and public voice make a difference in today's world by bringing clarity and innovative thinking to global policy making. By working across disciplines and in partnership with the best peers and experts, we are the benchmark for influential research and trusted analysis.)"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Source of Description
Online resource ; title from digital title page (ProQuest ; viewed May 18, 2020)
Linked Resources
Language
English
ISBN
9781487514976 (electronic book)
1487514972 (electronic book)
1487521871
9781487521875
9781487502256
1487502257
1487514972 (electronic book)
1487521871
9781487521875
9781487502256
1487502257
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