Canadian Law and Indigenous Self‐Determination: A Naturalist Analysis
For centuries, Canadian sovereignty has existed uneasily alongside forms of Indigenous legal and political authority. Canadian Law and Indigenous Self-Determination demonstrates how, over the last few decades, Canadian law has attempted to remove Indigenous sovereignty from the Canadian legal and social landscape. Adopting a naturalist analysis, Gordon Christie responds to questions about how to theorize this legal phenomenon, and how the study of law should accommodate the presence of diverse perspectives. Exploring the socially-constructed nature of Canadian law, Christie reveals how legal meaning, understood to be the outcome of a specific society, is being reworked to devalue the capacities of Indigenous societies.
Addressing liberal positivism and critical postcolonial theory, Canadian Law and Indigenous Self-Determination considers the way in which Canadian jurists, working within a world circumscribed by liberal thought, have deployed the law in such a way as to attempt to remove Indigenous meaning-generating capacity.
- World Rights
- Page Count: 448 pages
- Dimensions: 6.5in x 1.3in x 9.3in
"Clearly and carefully argued, Canadian Law and Indigenous Self-Determination is an original, analytically incisive, and important contribution to our understanding of the development of Aboriginal rights by the courts since 1982."
James Tully, Emeritus Distinguished Professor of Political Science, Law, Indigenous Governance, and Philosophy, University of Victoria
“Thought-provoking and robust, Canadian Law and Indigenous Self-Determination is likely to be a flagship in theorizing on Indigenous-state relations. Gordon Christie situates himself squarely within the debates he describes and critiques, something that few legal theorists attempt. This book is remarkable in its originality and in my view a triumph.”
Kirsty Gover, Melbourne Law School, The University of Melbourne
Author InformationGordon Christie is Professor in the Peter A. Allard School of Law at the University of British Columbia.
Table of contents
Introduction: A Journey in Making Sense
1. Setting the Stage
2. Canadian Law and Its Puzzles
3. Differing Understandings and the Way Forward
4. Remarks on Theorizing and Method
5. Problems with Theorizing about the Law
6. Liberal Positivism and Aboriginal Rights
7. Characterizing and Defining "Existing" Aboriginal Rights
8. The Place of Aboriginal Rights in Canada
9. Postcolonial Theory and Aboriginal Law
Subjects and Courses