The Land is the Source of Law brings an inter-jurisdictional
dimension to the field of indigenous jurisprudence: comparing
Indigenous legal regimes in New Zealand, the USA and Australia, it
offers a 'dialogical encounter with an Indigenous jurisprudence' in
which individuals are characterised by their rights and
responsibilities into the Land.
Though a relatively "new" field, indigenous jurisprudence is the
product of the oldest continuous legal system in the world.
Utilising a range of texts - films, novels, poetry, as well as "law
stories" CF Black blends legality and narrative in order to
redefine jurisprudentia in indigenous terms. This re-definition
gives shape to the jurisprudential framework of the book: a shape
that is not just abstract, but physical and metaphysical; a shape
that is circular and concentric at the same time. The outer circle
is the cosmology, so that the human never forgets that they are
inside a universe - a universe that has a law. This law is found in
the second circle which, whilst resembling the ancient Greek law of
physis is a law based on relationship. This is a relationship that
orders the placing of the individual in the innermost circle, and
which structures their rights and responsibilities into the land.
The jurisprudential texts which inform the theoretical framework of
this book bring to our attention the urgent message that the Djang
(primordial energy) is out of balance, and that the rebalancing of
that Djang is up to the individual through their lawful behaviour,
a behaviour which patterns them back into land. Thus, The Land is
the Source of the Law concludes not only with a diagnosis of the
cause of climate change, but a prescription which offers an
alternative legal approach to global health.
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