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eBook details

• Title: Creating an Indigenous Legal Community (Canada) (John Tait Memorial Lecture / Conference Commemorative John Tait)
• Author : McGill Law Journal
• Release Date : January 01, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 320 KB

Description

In this lecture, the author challenges us to move beyond the cases and statutes that preoccupy lawyers generally and to reach, in the spirit of legal pluralism, for law expressed elsewhere--in oral histories and everyday lives. By weaving indigenous oral and Western scholarly traditions together, he demonstrates the existence of a pluralistic indigenous legal community and argues that conceiving of Canada as a bijuridical country is inherently limiting. Only through a pluralistic, multijuridical framework can we fully respect the place of indigenous legal thinking. It is also essential to recognize that the scope of indigenous law is not limited to Aboriginal communities. Indigenous law is more than just private or Aboriginal community law: it is a part of Canada's constitutional structure. In fact, both indigenous and non-indigenous peoples benefit from treaty rights. As such, failing to recognize the significance of indigenous law will result in the impoverishment of our understanding of Canadian laws and legal processes.

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