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Creating Indigenous Property - Power, Rights, and Relationships (Hardcover)
Loot Price: R2,857
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Creating Indigenous Property - Power, Rights, and Relationships (Hardcover)
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While colonial imposition of the Canadian legal order has
undermined Indigenous law, creating gaps and sometimes distortions,
Indigenous peoples have taken up the challenge of rebuilding their
laws, governance, and economies. Indigenous conceptions of land and
property are central to this project. Creating Indigenous Property
identifies how contemporary Indigenous conceptions of property are
rooted in and informed by their societally specific norms,
meanings, and ethics. Through detailed analysis, the authors
illustrate that unexamined and unresolved contradictions between
the historic and the present have created powerful competing
versions of Indigenous law, legal authorities, and practices that
reverberate through Indigenous communities. They have identified
the contradictions and conflicts within Indigenous communities
about relationships to land and non-human life forms, about
responsibilities to one another, about environmental decisions, and
about wealth distribution. Creating Indigenous Property contributes
to identifying the way that Indigenous discourses, processes, and
institutions can empower the use of Indigenous law. The book
explores different questions generated by these dynamics,
including: Where is the public/private divide in Indigenous and
Canadian law, and why should it matter? How do land and property
shape local economies? Whose voices are heard in debates over
property and why are certain voices missing? How does gender matter
to the conceptualization of property and the Indigenous legal
imagination? What is the role and promise of Indigenous law in
negotiating new relationships between Indigenous peoples and
Canada? In grappling with these questions, readers will join the
authors in exploring the conditions under which Canadian and
Indigenous legal orders can productively co-exist.
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