Recovering Canada

£40.99

Recovering Canada

The Resurgence of Indigenous Law

Indigenous peoples Methods, theory and philosophy of law Systems of law Laws of specific jurisdictions and specific areas of law

Author: John Borrows

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Collection: Heritage

Language: English

Published by: University of Toronto Press

Published on: 15 December 2002

Format: LCP-protected ePub

Size: 326 pages

ISBN: 9781442633933


Introduction

Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach.

Contrasts and Comparisons

By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country.

Conclusion

Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.

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