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Vol 21 No 11 Nov/Dec 2016

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Declarations of Interdependence: A Legal Pluralist Approach to Indigenous Rights (eBook)

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ISBN13: 9781317153849
Published: October 2014
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: eBook (ePub)
Price: £62.50 + £12.50 VAT
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This book takes up the postcolonial challenge for law and explains how the problems of recognition are tied to an orthodox theory of law. Constructing a theory of legal pluralism that is both critical of law's epistemological and ontological presuppositions, as well as discursive in engaging a dialogue between legal traditions, Anker focuses on prominent aspects of legal discourse and process such as sovereignty, proof, cultural translation and negotiation.

With case studies and examples principally drawn from Australia and Canada, the book seeks to set state law in front of its own reflection in the mirror of Indigenous rights, drawing on a broad base of scholarship in addition to legal theory, from philosophy, literary studies, anthropology, social theory, Indigenous studies and art.As a contribution to legal theory, the study advances legal pluralist approaches not just by imagining a way to 'make space for' indigenous legal traditions, but by actually working with their insights in building theory.The book will be of value to students and researchers interested in indigenous rights as well as those working in the areas of sociolegal studies, legal pluralism and law and cultural diversity.

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Subjects:
Human Rights and Civil Liberties, eBooks
Contents:
Introduction
Recognition
Law in time and space: dimensions of legal pluralism
Translation: evidentiary fact, language and law
Proof: the Ngurrara Canvas
Negotiated agreements
Conclusion
Bibliography
Index.