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Vol 21 No 11 Nov/Dec 2016

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Between Indigenous and Settler Governance (eBook)

Edited by: Lisa Ford, Tim Rowse

ISBN13: 9781136195389
Published: November 2012
Publisher: Routledge
Country of Publication: UK
Format: eBook (ePub)
Price: £29.16 + £5.83 VAT
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Between Indigenous and Settler Governance addresses the history, current development and future of Indigenous jurisdiction in four settler-colonial nations: Australia, Canada, New Zealand and the United States.

Bringing together emerging scholars, indigenous people, and leaders in the field of indigenous law and legal history, this collection offers a long-term view of Indigenous self-determination: the legal, political and administrative relationships between Indigenous collectivity and nation-states.

Placing historical contingency and complexity at the center of the past and present of indigenous self-governance, the papers collected here examine in detail both the process by which indigenous jurisdictions were dissolved by settler polities and the spaces left -- often unwittingly -- by that process, for indigenous survival and corporate recovery.

They emphasise both the promise and the limits of modern opportunities for indigenous self-governance; whilst showing how all the players in modern settler colonialism build on a shared and multifaceted past. Pursuing the argument that the principles and practices of indigenous self-determination are explicable in terms of the legal, philosophical and historical structures provided by settler colonial liberalism, and not merely sourced in indigenous tradition or a mythical past, Between Indigenous and Settler Governance will be invaluable to all those with interests in the future of settler-colonial nations.

Subjects:
Legal History, eBooks
Contents:
1. Lisa Ford, "Introduction: Comparative histories in between Settler and Indigenous Governance: North America and Australasia"
PART 1: Histories of Pluralism: Settler-colonial law and administration: 1700-1900
2. Paul McHugh, "The Ideological Origins of Anglo-Settler Sovereignty: Overture"
3. Janna Promislow, "'It would only be just': A Study of Territoriality in the Northwest in 19th Century British North America."
4. Tim Garrison, "Crisis Management in the Indian Territory: Cherokee Chief John Ross's Defense of Tribal Sovereignty in the Post-Removal Era."
5. Mark Finnane and Heather Douglas, "Obstacles to 'a proper exercise of jurisdiction' -- administering criminal justice in the settler-Indigenous encounter in Australia,"
PART II: Histories of Recovery and Loss: The Paradoxes of Paternalism
6. Tim Rowse, "Autonomy with acculturation: a problem in Indigenous political thought, c.1840-c.1940."
7. Richard Boast, "A vanished theocracy: missionaries, allegiance and war in colonial New Zealand"
8. Norm Etherington, "When settlers went to war against Christianity"
9. Diane Austin-Broos, "Working for Strangers: notes towards a history of work among Western Arrernte in Central Australia (NT)"
PART III: Rights (to land and sea) as a factor in Indigenous Recovery
10. Kent McNeil, "Indigenous Land Rights and Self-Government: Inseparable Entitlements"
11. Jon Altman, "Between custom and commerce: Indigenous land rights and development contestation in Australia and New Zealand"
12. Shaunagh Dorsett, "'Lost in Translation': The Limitations of Land and Sea Rights, Common Law Categories and the Problems of Encapsulating Indigenous Experience"
13. Hon. Margaret Wilson, "The New Zealand Settlement Process for Historical Grievances Relating to Land 1999 -- 2005: A Crown Perspective"
PART IV: The negotiated modus vivendi between sovereignties
14. Kirsty Gover, "Tribal Constitutionalism and Membership Governance: "Boundary Problems" and Legally Adopted Children."
15. Val Napoleon, "Indigenous Legal Traditions and Settler Law"
16. Carwyn Jones, "Whakaeke i nga Ngaru -- Riding the Waves: Maori Legal Traditions in New Zealand Public Life"
PART V: 17. Ian Hunter, "Indigenous Political Theory."
17. Duncan Ivison, "The political theory of native title."
18. Jacob T.Levy, "Indigenous rights, modern political concepts, and the state."