Indigenous peoples and the law (Routledge (Firm))
Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand's Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.Future Contexts for Treaty InterpretationHe rangi t Matawhiti, he rangi t Matawhnui: Looking towards 2040IntroductionOrigin Stories and the Law: Treaty Metaphysics in Canada and New ZealandOriginalism and the Constitutional Canon of Aotearoa New ZealandReflecting on the Treaty of Waitangi and its Constitutional Dimensions: A Case for a Research Agenda Towards a Post-Foundational History of the Treaty.
Formatted Contents Note
chapter Introduction / CARWYN JONES part PART I Foundations of Indigenous-State relationships chapter 1 Ma ̄ori and State visions of law and peace / CARWYN JONES chapter 2 Origin stories and the law: Treaty metaphysics in Canada and New Zealand / and New Zealand JOHN BORROWS chapter 3 Originalism and the constitutional canon of Aotearoa New Zealand / New Zealand DAVID V WILLIAMS part PART II Giving meaning to the Treaty through time chapter 4 The Treaty of Waitangi in historical context / SALIHA BELMESSOUS chapter 5 Towards a post-foundational history of the Treaty / BAIN ATTWOOD chapter 6 The failing modern jurisprudence of the Treaty of Waitangi part PART III Diverse sites of the Treaty relationship chapter 7 'Ko te mana tuatoru, ko te mana motuhake' / RAWINIA HIGGINS chapter 8 Reflecting on the Treaty of Waitangi and its constitutional dimensions: a case for a research agenda / MARK HICKFORD chapter 9 Future contexts for Treaty interpretation / NATALIE COATES chapter 10 'He rangi ta ̄ Matawha ̄iti, he rangi ta ̄ Matawha ̄nui': looking towards 2040 / MĀMARI STEPHENS.