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Indigenous peoples in Canada are striving for greater economic
prosperity and political self-determination. Investigating specific
legal, economic, and political practices, and including research
from interviews with Indigenous political and business leaders,
this collection seeks to provide insights grounded in lived
experience. Covering such critical topics as economic justice and
self-determination, and the barriers faced in pursuing each, Wise
Practices sets out to understand the issues not in terms of
sweeping empirical findings but through particular experiences of
individuals and communities. The choice to focus on specific
practices of law and governance is a conscious rejection of
idealized theorizing about law and governance and represents an
important step beyond the existing scholarship. This volume offers
readers a broad scope of perspectives, incorporating contemporary
thought on Indigenous law and legal orders, the impact of state law
on Indigenous peoples, theories and practices of economic
development, and grounded practices of governances. While the
authors address a range of topics, each does so in a way that sheds
light on how Indigenous practices of law and governance support the
social and economic development of Indigenous peoples.
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.
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