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Статті в журналах з теми "Aboriginal traditional law"
1
Cowlishaw, Gillian. "Governing Sex: Removing the Right to Take Responsibility." International Journal for Crime, Justice and Social Democracy 3, no. 1 (April 2, 2014): 35–48. http://dx.doi.org/10.5204/ijcjsd.v3i1.139.
Повний текст джерелаАнотація:
The exposure in 2006 of horrific cases of sexual violence that allegedly characterised Northern Territory Aboriginal communities, evoked responses dominated by a predictable moral panic. Thus the Commonwealth Intervention of 2007 largely missed its ostensible aim of protecting sexually abused children. This essay moves beyond a moralising analysis to consider relevant social, cultural and historical factors based on specific ethnographic work. First I present a sense of some profound historically established differences and common themes in traditional Aboriginal and mainstream law in relation to the regulation of sexuality. Then I draw on evidence that Aboriginal people embraced the notion of ‘two laws’, even as the new era created profound difficulties in relation to sexual norms. Their ‘right to take responsibility’ (Pearson 2000) was further undermined by ‘Interventions’ that unashamedly diminished the ability of NT Aborigines to govern their own communities. Finally, mainstream institutions that are deeply engaged with Aboriginal communities need to consider the ways they may be perpetuating entrenched difficulties.
2
Tran, Ngoc Cao Boi. "SOME IMPACTS OF THE AUSTRALIAN MULTICULTURAL POLICY ON THE CURRENT PRESERVATION AND DEVELOPMENT OF THE AUSTRALIAN ABORIGINAL CULTURE." Science and Technology Development Journal 13, no. 1 (March 30, 2010): 56–72. http://dx.doi.org/10.32508/stdj.v13i1.2104.
Повний текст джерелаАнотація:
Different from their ancestors, most of the Australian Aborigines currently live outside their native land but in a multicultural society under the major influence of Western culture. The assimilation policy, the White Australian policy etc. partly deprived Australian aborigines of their traditional culture. The young generations tend to adopt the western style of living, leaving behind their ancestors’ culture without any heir! However, they now are aware of this loss, and in spite of the modern trend of western culture, they are striving for their traditional preservation. In “Multicultural Australia: United in Diversity” announced on 13 May 2003, Australian government stated guidelines for the 2003-2006 development strategies. The goals are to build a successful Australia of diverse cultures, ready to be tolerant to other cultures; to build a united Australia with a shared future of devoted citizens complying with the law. As for Aboriginal culture, the multicultural policy is a recognition of values and significance of the most original features of the country’s earliest culture. It also shows the government’s great concern for the people, especially for the aborigines. All this displays numerous advantages for the preservation of Australian aboriginal culture.
3
Sveiby, Karl-Erik. "Aboriginal principles for sustainable development as told in traditional law stories." Sustainable Development 17, no. 6 (November 2009): 341–56. http://dx.doi.org/10.1002/sd.389.
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Antone, Eileen M. "the Seed is the Law." Australian Journal of Indigenous Education 34 (2005): 53–60. http://dx.doi.org/10.1017/s1326011100003963.
Повний текст джерелаАнотація:
AbstractSince humanities arise from a specific place and from the people of that place, this article will focus on Peacemaker’s revolutionary teachings about the seed of law. Long before the people from across the ocean arrived here on Turtle Island (North America) there was much warfare happening. According to John Mohawk (2001, para. 1), an Iroquoian social historian, “[t]he people had been at war for so long that some were born knowing they had enemies [but] not knowing why they had enemies”. Peacemaker planted the seeds of peace which resulted in the Kayenla’kowa, the Great Law of Peace (n. d.), which is the basis of the Hotinosh^ni Confederacy. With the burial of the weapons of war under the Great Tree of Peace the Hotinosh^ni were able to develop their rituals and ceremonies to reflect their relationship with creation. This peaceful confederacy was disrupted shortly after the Europeans arrived with their violent imperialistic ways of life. The 1996 Royal Commission on Aboriginal People (RCAP) documented the situation of Aboriginal communities, which was the result of oppressive policies and programs of colonialism. The RCAP also captured the many different voices of the Aboriginal people in their struggle to revitalise their traditional teachings that will make them strong again.
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Christie, M. J. "Formal Education and Aboriginal Children." Aboriginal Child at School 14, no. 2 (May 1986): 40–44. http://dx.doi.org/10.1017/s0310582200014280.
Повний текст джерелаАнотація:
All children, black or white, learn a lot more outside the classroom than inside it. All normal children, by the time they go to school for the first time, have already learnt to speak their mother tongue, have learnt who they are and where they fit into their family or community, and have learnt a vast range of behaviours which are appropriate (and inappropriate) for members of their culture. They have learnt all these through the informal process of socialization which affects all members of every culture throughout their lives. In traditional Aboriginal society, for example, hunting and food preparation skills, the traditional law, patterns of land ownership and important stories from the past, were all learnt informally in the daily life of the family. Only some sacred knowledge would be transmitted formally in a ceremonial context.
6
Novikova, Natalya I. "Energy of entrepreneurship in traditional nature use of indigenous peoples of the Sakhalin North." Reports of the Laboratory of Ancient Technologies 16, no. 3 (2020): 127–40. http://dx.doi.org/10.21285/2415-8739-2020-3-127-140.
Повний текст джерелаАнотація:
The article examines the forms of social organization of the small-numbered indigenous peoples of the North of Sakhalin in the field of traditional fisheries and entrepreneurship in the context of legal pluralism. This method allows us to analyze the coexistence of state and customary law, moral norms and the principles of social entrepreneurship. Methods of legal and social anthropology are used. The study uses the approaches of the UN Expert Mechanism on the Rights of Indigenous Peoples. Field materials are interpreted in academic and aboriginal discourses. Federal and regional legislation are evaluated through the study of local practices. A study of the impact of new social institutions on technical equipment and internal legal regulation of economic activities, forms of interaction between fishermen and commercial enterprises, contradictions between aboriginal fisheries and the official environment was conducted. The article is written on the basis of observations and expert interviews collected on Sakhalin Island (Yuzhno-Sakhalinsk, Poronaysky, Noglik, Okhinsky districts) in 2014 and 2019. The reasons for doing business were studied. An assessment is given of modern aboriginal fisheries, based on both traditional knowledge and skills, as well as modern technologies. The article explores the characteristics of indigenous entrepreneurship, which combines commercial and social goals, exchange of gifts and market relationships. Special attention is paid to the evaluation of poaching. Aboriginal entrepreneurship is seen as a means of sustainable development and poverty alleviation. The conclusion proposes measures for the legal regulation of aboriginal fisheries and recommendations developed during consultations with leaders of fishing organizations.
7
Townshend, H. W. Roger, and Michael McClurg. "The Duty to Consult and Accommodate Aboriginal Peoples: A Primer for Ontario Surveyors Working in Resources Development." GEOMATICA 68, no. 1 (March 2014): 15–24. http://dx.doi.org/10.5623/cig2014-002.
Повний текст джерелаАнотація:
Aboriginal law has developed to require Aboriginal peoples to be “consulted and accommodated” if their rights may be impacted by a government decision, including a government permit or approval of a project of a private proponent. For example, hunting rights often exist throughout a First Nation’s treaty or traditional territory (i.e. far beyond the limits of reserves), and the duty to consult and accommodate can be triggered by mining and other resource development. Contrary to the common understanding of some of those unfamiliar with this area of law, this duty applies not only to activities undertaken under federal authorization, but also to those under provincial authorization. The Crown’s “duty to consult and accommodate” Aboriginal peoples has become a central theme in the discussion of natural resource development in Canada. In response to various decisions of Canadian courts, the Government of Ontario significantly overhauled its Mining Act in 2009 to provide for some consultation with Aboriginal communities. Those changes came in to effect in the spring of 2013. This paper will describe the constitutional duty to consult as it has been described and elaborated on by courts in Canada and some of the implications it has for resource extraction in Ontario. It will then undertake a case study discussing Ontario’s attempt to respond to its duty to consult by amending the Mining Act regime. Finally, the paper will consider the flaws in the Mining Act and the reasons that exploration companies and surveyors working for them should be prudent and pro-active when undertaking intrusive activities in the traditional territories of Aboriginal peoples.
8
McLean, Adam. "Native Title—A New Wave of Dispossession." ab-Original 3, no. 2 (September 1, 2020): 212–32. http://dx.doi.org/10.5325/aboriginal.3.2.212.
Повний текст джерелаАнотація:
Abstract In 2003, anthropologist Professor Peter Sutton wrote, “To demand of a kin-based society that it produce simple, stable and definitive lists of rights and rights-holders in land and waters is ethnocentric,” and “codification, at least for many such groups, is itself contrary to their own laws and customs.” However, despite warnings by Sutton and others, the structuring of native title and related claims and determinations have continued just as warned against. It is argued here that this phenomenon is the result of attempts to accommodate the demands of non-Indigenous political, legal, and economic structures to have simply defined groups and consequent corporate identities that are recognizable to, and controllable by, dominant non-Indigenous structures. The consequent corporate identities, the Prescribed Bodies Corporate (PBC), are a modern version of the system of king plates of old and more needs to be done to ensure recognition of complex traditional law systems.
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Tsuji, Leonard J. S., Zachariah General, Stephen R. J. Tsuji, Evelyn Powell, Konstantin Latychev, Jorie Clark, and Jerry X. Mitrovica. "Akimiski Island, Nunavut, Canada: The Use of Cree Oral History and Sea-Level Retrodiction to Resolve Aboriginal Title." ARCTIC 73, no. 4 (December 27, 2020): 421–32. http://dx.doi.org/10.14430/arctic71481.
Повний текст джерелаАнотація:
On 1 April 1999, Akimiski Island of the western James Bay region of northern Ontario, Canada, was included in the newly formed territory of Nunavut, Canada—an Inuit-dominated territory—even though the Inuit had never asserted Aboriginal title to the island. By contrast, the Omushkegowuk Cree of the western James Bay region have asserted Aboriginal title to Akimiski Island. The Government of Canada by their action (or inaction) has reversed the onus of responsibility for proof of Aboriginal title from the Inuit to the Cree. In other words, the Government of Canada did not follow their own guidelines and the common-law test for proof of Aboriginal title. In this paper, we documented and employed Cree oral history as well as a sea-level retrodiction (based on state-of-the-art numerical modeling of past sea-level changes in James Bay), which incorporated a modified ICE-6G ice history and a 3-D model of Earth structure, to establish that criterion 2 of the test for Aboriginal title has now been fully met. In other words, Cree traditional use and occupancy of Akimiski Island was considered sufficiently factual at the time of assertion of sovereignty by European nations. As all the criteria of the common-law test for proof of Aboriginal title in Canada, with respect to Akimiski Island, have now been addressed, the Cree have sufficient basis to initiate the process of a formal land claim.
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White, Graham. "Traditional aboriginal values in a Westminster parliament: The legislative assembly of Nunavut." Journal of Legislative Studies 12, no. 1 (March 2006): 8–31. http://dx.doi.org/10.1080/13572330500483930a.
Повний текст джерелаДисертації з теми "Aboriginal traditional law"
1
Vincent, Margaret Ann. "The inclusion of Aboriginal traditional law in the Western Australian legal system 1829-1992." Thesis, Vincent, Margaret Ann (1992) The inclusion of Aboriginal traditional law in the Western Australian legal system 1829-1992. Honours thesis, Murdoch University, 1992. https://researchrepository.murdoch.edu.au/id/eprint/41531/.
Повний текст джерелаАнотація:
This study was undertaken with a view to examining Aboriginal customary law in Western Australia and the ways in which the legislation was framed to accommodate the traditions of the indigenous people. that rather than However, from the outset, it was noted trying to adapt aspects of Aboriginal customary law, the legislators and jurists drew up legislation which sought to deny Aborigines access to their traditional ways and to make them amenable to British law. This thesis looks at the entire period of white settlement from 1829 until the present day. It covers most of the important legislation proclaimed in Western Australia during this period as well as some of the more significant court cases which affected Aboriginal people. Central to the thesis is the notion of sovereignty. From the beginning of settlement, Aboriginal people were removed from their land by force or by means of legislation and consequently became dispossessed, not only in terms of their livelihood but also in terms of their traditional lifestyle. This thesis begins with the argument as to whether the British government had the right to claim sovereignty over the land. It concludes with the Mabo decision which found that in fact many Aboriginal people in Australia still have a right of native title to the land.
In the interim, however, Aboriginal people suffered severe deprivations at the hands of the settlers and legislators. Many were treated harshly and were denied basic human rights. Yet, throughout the whole period, some managed to maintain aspects of their traditional lifestyle so that today, although there have been adaptations which have altered the form of traditional Aboriginal law, it still remains an important part of their lifestyle in many parts of the State. Legislation drawn up over the past twenty years has helped to ensure that Aboriginal people have the right to decide their own future and this has enabled them to look to the future with hope that soon they might not be considered as ‘other' by white Australians but as equals who have a distinct culture and identity.
2
Herne, Stephen Charles. "A jurisprudence of difference : the denial of full respect in the Australian law of native title." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2008.0262.
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Whellum, Peter Gilbert. "The administration of justice in the Anangu Pitjantjatjara Yankunytjatjara (APY) lands: a front line in tensions between traditional aboriginal culture and the criminal law." Thesis, 2018. http://hdl.handle.net/2440/118020.
Повний текст джерелаАнотація:
The administration of justice in the Anangu Pitjantjatjara Yankunytjatjara (APY) Lands, particularly issues related to policing practices, the conduct and operation of the APY Court circuit, and the legal representation provided to APY people (Anangu), has received little academic attention. This thesis outlines the socio-demographics of this remote South Australian region where semi-traditional Anangu lifestyles are still governed by Tjukurpa (Anangu Dreaming). Issues related to the tensions existing between traditional Aboriginal culture and the South Australian criminal law are identified and critically examined through the lenses of Indigenous sovereignty and legal pluralism. The identified issues have revealed themselves through a combination of prior personal experience, literature reviews, surveys conducted with members of the judiciary and lawyers who have had recent experience in the APY Court circuit; and importantly, personal interviews with Anangu living within the region. Although the number of interviewees is modest and thus only of qualitative value, they nevertheless offer valuable personal and social insight into how justice is administered in the APY Lands. An overarching theme of this research is that recognition and acknowledgement of Anangu culture and language are consistent with a degree of Indigenous self-determination. While official government policies recognise the importance of Aboriginal culture and language, the research reveals a failure to implement practices consistent with them. The present justice system in the APY Lands largely ignores restorative justice despite it being a hallmark of Anangu culture. There has been little or no consultation between criminal justice agencies and Anangu, particularly regarding policing practices and the layout and conduct of APY Courts. This has culminated in a lack of community understanding or acceptance of the criminal justice system, first implemented in 1836 when South Australia was settled. The thesis concludes with a range of evidence-based recommendations for change to the practices of policing and the administration of justice that are oriented towards greater cultural awareness, and an appreciation of the importance of Anangu sovereignty.Thesis (Ph.D.) -- University of Adelaide, Adelaide Law School, 2018
4
Pan, Chia-Yi, and 潘家宜. "The Protection of Aboriginal''s Traditional Skill in Trademark Law- Take the Making Skill of Millet Wine as Example." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/85y65k.
Повний текст джерелаАнотація:
碩士銘傳大學
法律學系碩士班
97
When the particular products are bought, consumers will often also consider the factor of producing area into it besides considering the trade mark. Consumers will choose the particular products to be bought in numerous similar goods, because believe in the quality that the particular trademark, believe geography that producers label on the goods is geographical indication (Abbreviated as GIs). On agricultural products and traditional handicrafts, it usually shows the particular goods are analogous to quality, reputation or characteristic that geography is indicated, and closely linked with environment of producing area of this product. As to the protection of geographical indication, earlier than the end of the 19th century and see all in every international treaty promptly, by appearing multi-form, its meaning is not the same, in order to demonstrate importance that geography labels and its attention received. Arguments such as in terms of consumer, producer''s protection or fair play of market, etc. are with the view, geography marks its suitable important intensity and economic benefits. And about the goods relevant legal protections of country of origin, stem from Paris Convention in the 19th century, this convention is the clear it stipulate have to '' source place label '' and protection mechanisms of '' country of origin name '', so the protection development of the goods source of producing area has a long history. In recent years, label protecting the topic, because the social economic worth that geography labels to geography, add it in the Doha round (Doha Round) the pushing away of its negotiation is being paid attention to under helping. Under developing here, cause the new or old world situation that it''s the third party that benefits from the tussle, except that all of European Union are abroad, in the majority was developed even the minent was developed to the country, one that is with other lead in the development of science and technology has been already among the development countries (such as U.S.A.) Have interests contradiction, a lot of developing countries think TRIPS protocol protect the intelligence proprietary that has already developed the country, will enable and already develop the country and seize its advantage of having intelligence proprietary on both sides by the arms, will utilize TRIPS protocol to obtain interests, control the whole world and invent the research results, therefore produce the influence of reverse side on developing country''s economic development. So, developing countries firmly believe the protection that is geographical indication, can improve its national product''s additional value, especially facilitate promoting the development of traditional industry in the village or remote area, increase its social economic benefits. The protection of geographical indication, national Trademark Law marks the chapter and protects the products which labels the source place with the certificate of origin, the protection of geographical indication protects the clause only at the 23rd item 1 and 18th fixed passivism of Trademark Law, can the certificate of origin replace protection that geography label while marking the chapter? There are doubtful points. And it is the integrative two sides sometimes that geography labels the protection with traditional knowledge, the township of south village of Miaoli county of my hometown is that a water quality is fine, a sight-seeing resort polluted, the Hakka merges the local conditions and customs with comparable to the conditions and customs in summering. Tradition have a match Xia Zu wine wine method that descend that ancestor stay, send by author mother to forest wine village Ms., pearl of jade, Pan develop, have produced the march millet wine of summer of having a match. On the basis of to the love of the hometown, and the rice and high camellia of Alishan, etc. prove that marks the chapter to come out successively on the pool, rise and protect the reading of characteristic traditional skill in the hometown. This text thinks that it is essential to have it to protect whether can accord with relevant protected modes of this country to this case to the millet wine of south village of case, still have and discuss the space. Chapter one is the introduction, introduce writing purpose of the thesis and the motive, thesis research range. The research is the approach of thesis and thesis structure. Chapter two is basic conception to grind and analyze for geographical indication, the definition geographical indication, and historical evolution. Use form and characteristic and cause that the geography label do in-depth analysis. And label the concept of geography compared with other concepts such as trade mark, expect to label deeper understanding to geography, in addition, according to all sorts of characteristics that geography label, this text has also put forward geography to label necessity and reason protected in chapter two. Chapter three introduces the gradual progress such as " Paris Convention ", " Madrid protocol ", " protocol of Lisbon " and " TRIPS protocol " that geography labels the protected mode, persons who among them have importance and influence most are " TRIPS protocol ", so this protocol of the comparatively detailed introduction in chapter three, label on this protocol European Union and U.S.A. that follow-up initiate to geography dispute protected to expand analyze, and introduce and discuss European Union and American protection to geographical indication. Chapter four is introduced besides European Union and U.S.A., the introductions to protection that geography label of other countries, mainly including Japan, South Korea, China, etc. are near developing countries, Japanese forefathers apply ink to paper a lot of, general to do too much to describe more, lack someone recommend the South Korea regulation, so this text introduces its relevant norms and applies for the case at the practice. Chapter five extends the research of chapter two, chapter three and chapter four, examining and inviting the procedure to be the discussion of '' the rice on the pool '' of practice case to geographical indication, in addition make technology as the example to the traditional skill products of township of south village of author''s hometown - millet wine, label the feasibility protected in order to analyze, it is for the second of focal point of this text in accordance with geography. This text the last chapter, until research make, compare synthetically with of our country rule while being international before, put forward relevant suggestions; And then think that it is essential to have it to protect to the traditional skill of south village of the case - millet wine, can accord with relevant protected modes of this country to this case? Does it prove that marks the chapter to protect the important document that traditional skill can accord with Trademark Law in the current law? Unless it is the unable it protect by important document, laws other, if '' last regulations on protection in nationality the intelligences traditional originally '' protect? In addition world geographical indication protects to probe into geography to label the sincerity protected, and stipulate in national Trademark Law of inference that marks the chapter and protects and stipulates conflict and mediation of one with the certificate of origin about the protection that geography labels. And feedback and assert whether the millet wine in the south village can label and protect it with geography from this, how to protect, try to discuss that a conclusion appears.
5
Strelein, Lisa Mary. "Indigenous self-determination claims and the common law in Australia." Phd thesis, 1998. http://hdl.handle.net/1885/109314.
Повний текст джерелаАнотація:
With the decision in Mabo v Queensland [No. 2] in 1992, the courts cemented their
role in the self-determination strategies of Indigenous peoples in Australia. More
than merely recognising a form of title to traditional lands, the tenor of the
judgements in Mabo's case respected Indigenous peoples and offered the protection
of the common law. However, the expectations of many Indigenous people for
change have not since been met. This thesis examines the usefulness of the courts
and the common law in particular for the self-determination claims of Indigenous
peoples. I examine the theoretical and institutional limitations on the courts that have
resulted in a doctrinal history which has generally excluded Indigenous peoples. I
also analyse the potential for the common law to accommodate self-determination
claims. I argue that the courts require familiar concepts upon which to base their
decisions. I identify the notion of equality of peoples as a proper foundation for the
courts to structure the relationship between Indigenous peoples and the state.
Equality of peoples has roots in the fundamental principles of the common law and
maintains the integrity of Indigenous peoples’ claims.
6
Boisselle, Andrée. "Law's hidden canvas: teasing out the threads of Coast Salish legal sensibility." Thesis, 2017. https://dspace.library.uvic.ca//handle/1828/8921.
Повний текст джерелаАнотація:
This dissertation seeks to illuminate key aspects of Coast Salish legal sensibility. It draws on collaborative fieldwork carried out between 2007 and 2010 with Stó:lō communities from the Fraser Valley in southern British Columbia, and on the rich ethnohistorical record produced on, with, and by members of the Stó:lō polity and of the wider Coast Salish social world to which they belong.
The preoccupation underlying this inquiry is to better understand how to approach an Indigenous legal tradition on its own terms, in a way respectful of its distinctiveness – especially in an ongoing colonial context, and from my position as an outsider to this tradition. As such, a main question drives the inquiry: What makes a legal tradition what it is?
Two series of legal insights emerge from this work. The first are theoretical and methodological. The character of a legal tradition, I suggest, owes more to implicit norms than to explicit ones. In order to gain the kind of understanding that allows for respectful interactions with the principles and processes that inform decision-making within a given legal order, one must learn to decipher the norms that are not so much talked about as tacitly modelled by its members. Paying attention to pragmatic forms of communication – the mode of conveying meaning interactively and contextually, typically by showing rather than telling – reveals the hidden normative canvas upon which explicit norms are grafted. This deeper layer of normativity inflects peoples’ subjectivity and sense of their own agency – the distinctive fabric of their socialization.
This lens on law – emerging from a reflection on the stories that Stó:lō friends shared with me, on the discussions had with them, and on the relational experience of Stó:lō / Coast Salish pedagogy, and further informed by scholarship on Indigenous and Western law, political philosophy and sociolinguistics – yields a second series of insights. Those are ethnographical, about Coast Salish legal sensibility itself. They attach to three central institutions of the Stó:lō legal order: the Transformer storycycle, longhouse governance practice and the figure of the witness, and ancestral names – corresponding to three sets of key relationships within the tradition: to the land, to the spirit, and to kin.
Among those insights, a central one concerns the importance of interconnectedness as an organizing principle within Stó:lō / Coast Salish legal orders. Coast Salish people are not simply aware of the factual interdependence of people and things in the world, pay special attention to this, and happen to offer a description of the world as interconnected. There is a normative commitment at work here. Interconnectedness informs dominant interpretations of how the world should work. It is a source of explicit responsibilities and obligations – but more amorphously and pervasively yet, it structures legitimate discourse and appropriate behavior within contemporary Coast Salish societies.Graduate
2018-10-20
7
Goulet, Trish. "Revitalizing Cree legal traditions: Cumberland House and Pelican Narrows." 2013. http://hdl.handle.net/1993/22046.
Повний текст джерелаАнотація:
This thesis examines original evidence of Cree legal traditions by carefully reconstructing the Cumberland House and Pelican Narrows Saskatchewan evidence from 1774 to present day.
Cree peoples in the area had a long history prior to contact with Europeans. At time of contact Indigenous people were in a position of power. They knew how to flourish in the prairies and taught the newcomers how to survive. This thesis explores questions including when does the loss of traditional law begin in the culture by examining the original Hudson’s Bay Company Post Journals that reveal evidence of pre-contact Cree laws and culture. There is also evidence in the HBC records of Cree legal traditions that survived and continued to be practiced.
8
Butler, Caroline F. "Regulating tradition: Stó:lō wind drying, and aboriginal rights." Thesis, 1998. http://hdl.handle.net/2429/8016.
Повний текст джерелаАнотація:
This thesis explores the changing meaning of wind dried salmon in
contemporary constructions of the culture of the Stó:lō First Nation. Wind drying has
been a method of preserving salmon for the Aboriginal peoples of the lower mainland
of British Columbia since time immemorial, providing significant winter provisions.
However, over the course of the last one hundred years, participation in this fishing
activity has been drastically decreased and currently only a handful of Stó:lō families
maintain dry racks in the Fraser canyon. As a result, wind dried salmon has gone from
being a staple to a delicacy, and is now valued as a cultural tradition, rather than merely
as a food product. This change in culturally inscribed meaning is a product of the
relationship between Stó:lō fishing activities and fishery regulations imposed by the
settler state. Increasing restrictions of Aboriginal fishing rights have resulted in
decreased participation and success in the Stó:lō fisheries. Furthermore, regulation has
artificially categorized and segregated Stó:lō fishing activities, dislocating the
commercialized fresh catch from the "subsistence" dried fish harvest. The response to
this regulatory pressure has been the traditionalization of the wind dry fishery, situating
the activity as a cultural symbol and a point of resistance to external control. Wind
dryers currently refuse to commercialize the wind dry fishery, thus resisting outside
control of the management of the fishery and the distribution of the harvest. This
situation is discussed in light of anthropological understandings of the construction of
traditions, and the issues of Aboriginal rights surrounding contemporary Stó:lōfishing
activities.
9
Szach, Natasha J. "Keepers of the Water: exploring Anishinaabe and Metis women's knowledge of water and participation in water governance in Kenora, Ontario." 2013. http://hdl.handle.net/1993/22113.
Повний текст джерелаАнотація:
The Common Land, Common Ground is a partnership between Kenora, ON, Grand Council Treaty #3, and three reserve communities in the area. This research focused on Aboriginal women’s knowledge of water and participation in water governance under the auspices of the Common Ground Research Forum. Data was collected through qualitative research methods. This thesis is organized by objectives: 1) recording women’s knowledge and teachings on water; 2) learning about the concerns women have regarding water in and around their communities; 3) establishing the role women have played and are playing in water governance in their communities; and 4) identifying culturally appropriate opportunities for shared learning about their connection to water and their role in its governance. Recommendations include: creating roles for Aboriginal women in new and existing governance structures, greater inclusion of Métis perspectives in Common Ground activities, and incorporation of Aboriginal water knowledge in school curricula and tourism resources.
10
Colgrove, Sarah. "Laws of the land: indigenous and state jurisdictions on the Central Coast." Thesis, 2019. http://hdl.handle.net/1828/11399.
Повний текст джерелаАнотація:
With discussion of Indigenous laws on the rise in Canada, this thesis explores the question of law’s power: jurisdiction. In this project, I ask whether Indigenous jurisdiction is active in conflicts between Indigenous and state actors over the environment, in the context of the Heiltsuk Nation on the central coast of British Columbia. This project looks to critical legal theory for an understanding of jurisdiction. It identifies three aspects of jurisdiction that are discussed in critical legal theory and related fields: that it is technical, it is authoritative, and it is spatial. Adopting these qualities as provisional indicators of jurisdiction, it applies thefzm to three case studies of Heiltsuk (or “Haíɫzaqv”) conflicts with the state, which engage colonial law in different ways. The three case studies concern (1) herring harvest and management, which was litigated in R v Gladstone; (2) land use and forestry, which is the subject of the Great Bear Rainforest agreements; and (3) trophy hunting for bears, which is the subject of a grassroots campaign based on Indigenous law. Adopting a qualitative approach adapted from institutional ethnography, this project applies a critical jurisdictional lens to each case study, using documentary review and interviews to explore the technical, authoritative, and spatial aspects of each conflict. Ultimately, I find that expressions of Heiltsuk jurisdiction – as understood from a colonial, critical perspective – are already at play in each conflict, although this is not immediately visible from the point of view of colonial law. In the conclusion, I explore the different manifestations and strategies of Heiltsuk jurisdictional expressions, and the ways that colonial jurisdiction interacts with them.Graduate
2021-12-19
Книги з теми "Aboriginal traditional law"
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Royal Commission on Aboriginal Peoples (RCAP). Report of the Royal Commission on Aboriginal Peoples. Ottawa: The Commission, 1996.
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2
Johnston, Darlene. Aboriginal law of the Northeast: Anishinabek and Haudenosaunee legal traditions : a source book. [Toronto]: Faculty of Law, University of Toronto, 2006.
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Johnston, Darlene. Aboriginal law of the Northeast: Anishinabek and Haudenosaunee legal traditions : a source book. [Toronto]: Faculty of Law, University of Toronto, 2006.
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Miller, Bruce Granville. Oral history on trial: Recognizing aboriginal narratives in the courts. Vancouver, BC: UBC Press, 2011.
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Miller, Bruce Granville. Oral history on trial: Recognizing aboriginal narratives in the courts. Vancouver, BC: UBC Press, 2011.
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Erbacher, John. Aborigines of the rainforest. Cambridge: Cambridge University Press, 1991.
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Henderson, James Youngblood. First Nations jurisprudence and Aboriginal rights: Defining the just society. Saskatoon: Native Law Centre, University of Saskatchewan, 2006.
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Trouble with tradition: Native title and cultural change. Sydney: Federation Press, 2008.
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Keon-Cohen, Bryan. Mabo in the courts: Islander tradition to native title : a memoir. North Melbourne, Vic: Chancery Bold, 2011.
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Yuan zhu min zu chuan tong zhi hui chuang zuo zhuan yong quan: Empirical legal study on the right of the traditional cultural expressions of indigenous peoples. Taibei Shi: Yuan zhao chu ban gong si, 2013.
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1
Kwaymullina, Ambellin. "Aboriginal Nations, the Australian nation-state and Indigenous international legal traditions." In Indigenous Peoples as Subjects of International Law, 5–17. Abingdon, Oxon [UK] ; New York : Routledge, 2017.: Routledge, 2017. http://dx.doi.org/10.4324/9781315628318-2.
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Fisher, Daniel. "Spun Dry: Mobility and Jurisdiction in Northern Australia." In Looking for Law in All the Wrong Places, 62–84. Fordham University Press, 2019. http://dx.doi.org/10.5422/fordham/9780823283712.003.0004.
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This chapter pursues an ethnographic account of intra-indigenous relations and jurisdictional contest in urban northern Australia. Its narrative explores the relationship between Aboriginal community policing and emergent forms and figures of urban mobility and morbidity in Darwin, capital of Australia's Northern Territory. While Darwin's indigenous patrols have no police powers and its officers disavow any authority as police, they do have a certain status vested in them by the traditional owners of the country on which they patrol. Their Aboriginal-directed efforts thus entail both an assertion of indigenous jurisdiction and an accompanying reflexivity about the substance and limits of its reach-limits informed by settler colonial oversight, by the diversity of indigenous claims to urban space, and by poetic figures and mediatized narratives that trope the volatility of Aboriginal dispersal and displacement. The chapter explores the ways patrols negotiate their authority and reckon its limits, extending a local poetics of jurisdiction and movement to illuminate the new urban worlds they traverse.
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Borsboom, Ad. "Knowing the Country: Mabo, Native Title and ‘Traditional’ Law in Aboriginal Australia." In Pacific Answers to Western Hegemony, 311–33. Routledge, 2020. http://dx.doi.org/10.4324/9781003135760-17.
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Burke, Paul. "Bold Women of the Warlpiri Diaspora Who Went Too Far." In People and Change in Indigenous Australia. University of Hawai'i Press, 2017. http://dx.doi.org/10.21313/hawaii/9780824867966.003.0002.
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This chapter attempts to move beyond traditionalist notions of the Australian Aboriginal person. It accepts that personhood is porous and likely to change as general social conditions change. It explores this idea through mini-biographies of four Warlpiri matriarchs who have moved to diaspora locations and deliberately placed themselves at some distance from the social norms operating in their remote homeland settlements. Accounts of traditional Aboriginal personhood emphasised the spiritually emplaced and socially embedded person. In contrast, the lives of the four Warlpiri matriarchs demonstrate the extension of social networks beyond kin, pursuit of their own projects and the rejection of some aspects of traditional law that constrained them. The vectors of these changes include Western education, religious conversion and escape from traditional marriage.
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Mayer, Sophie. "To::For::By::About::With::From:: Towards Solid Women: On (Not) Being Addressed by Tracey Moffatt’s Moodeitj Yorgas." In Female Authorship and the Documentary Image. Edinburgh University Press, 2018. http://dx.doi.org/10.3366/edinburgh/9781474419444.003.0011.
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The hybrid nature of Moodeijt Yorgas, which blends talking heads with oral histories presented through dance, music and optically printed effects, effects an imbrication of documentary and experiments through a specifically non-white, queer feminist authorship. The author thus argues that Moffatt’s film presents a challenge to traditional conceptions of the author/auteur, embedded in Euro-Western exceptionalist individualism. “The stakes for the Moodeitj Yorgas project were therefore high: contesting historical erasure, contemporary misrepresentation by settler culture, and … way in in which settler patriarchy had been internalised within Aboriginal communities to devalue women’s law.”
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Arora, Tarun, and Neelu Mehra. "Administration of Civil Justice in India." In Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia, 17–45. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-7898-8.ch002.
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Since the Vedic period, India is known for its commitment to justice, democratic values, the rule of law, and the welfare of individuals. The thrust of the chapter is an examination of tools of civil justice in ancient as well as modern texts underlining the bond of ‘social contract'. The analysis aims to identify similarities and gaps in the traditional and contemporary aspects of civil justice in India. These findings would enable legal scholars and practitioners to draw from, and to connect, the history of accumulated legal guidance and reasoning to the modern mechanism of justice. The examination of those concepts in the context of contemporary relevance accompanied with the principles of interpretation can maximise the utility of these principles. The discussion may offer important clues for policymakers, community organisations, law-making agencies, and citizens to strengthen their faith in the judicial system, being a blend of aboriginal and modern.
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Muecke, Stephen. "Goolarabooloo Futures: Mining and Aborigines in Northwest Australia." In The Postcolonial Contemporary, 208–23. Fordham University Press, 2018. http://dx.doi.org/10.5422/fordham/9780823280063.003.0010.
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In our apparently postcolonial age, colonization is proceeding apace in Goolarabooloo country near Broome in Western Australia where sovereignty has never been ceded, and no treaty ratified. The colonial ‘settler’ economy was established in the late 19th century with the pearling and pastoral industries, but today it is multinational mining companies (‘extraction colonialism’) that are extending their reach with the urging of the State government and even some Aboriginal agencies. This ethnographic study describes two ‘worlds’: Those (the ‘Moderns’) who like to see themselves as ‘naturally’ extending the territory of a universalist modernity via their institutions of science and technology, governmental organisation, the law and the economy. Under scrutiny, this world turns out to be less robust institutionally and conceptually than it pretends to be; it operates with fantasies, blunders, poor planning, little negotiation and waste. Often it works, but in the instance of the four-year struggle between Woodside Energy and the Goolarabooloo, the latter was able to resist the former’s desire to build a liquefied gas plant on their traditional land. Woodside and its partners left with billions of dollars wasted in the effort. The ‘world’ of the Indigenous Goolarabooloo is the second group of institutions my extended ethnography will describe.
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Valverde, Mariana, and Adriel Weaver. "‘The Crown Wears Many Hats’: Canadian Aboriginal Law and the Black-boxing of Empire." In Latour and the Passage of Law. Edinburgh University Press, 2015. http://dx.doi.org/10.3366/edinburgh/9780748697908.003.0005.
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In this ambitious but earthbound critique of the ‘black-boxing of empire’, Mariana Valverde and Adriel Weaver adroitly trace the construction and deconstruction of the spectral corpus mysticum in Canadian legal discourse. The authors interrogate the weird legal agency of the Crown in aboriginal rights cases, disclosing the relentless production of novelty concealed beneath the conservative image of a continuous, eternal office and recalling the Latourian lesson about law’s soi disant homeostatic character: ‘even in this case [in which legal principles are modified], it will only be a matter of making the body of legal doctrine still more coherent, so that, in the last analysis, nothing will really have budged.’ These cases, Valverde and Weaver show, contract into themselves Canada’s colonial/postcolonial histories and the full weight of its legal tradition’s contradictory commitments. The sovereign gesture of recognition, offered by way of the ‘honour of the Crown’, paradoxically deprives the aboriginal nations so recognised of their very claim to existence, their nationhood: ‘the Canadian state now has obligations of sovereign/royal honour toward all aboriginal peoples … but the naming of those obligations simultaneously performs a kind of re-coronation of the very colonial sovereign whose servants caused so much harm to aboriginal peoples over the centuries’. Valverde and Weaver allow us to linger on this troubling sense of the uncanny, of the historical deja vu or phantasm of repetition that takes on materiality in the bilateral movement of the Crown through the networks of public law. It is a phantasm that reappears in the discursive techniques of judges that are, in fact, elaborating and reinventing precisely the discretionary doctrinal construct (‘honour of the Crown’) that they claim, instead, to merely appeal to, hearkening to an eternal spring of sovereign virtue through the mists of antiquity.
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Rix, Zara. "Fore-fronting Race and Law." In Race in Young Adult Speculative Fiction, 237–56. University Press of Mississippi, 2021. http://dx.doi.org/10.14325/mississippi/9781496833815.003.0014.
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In this chapter, Zara Rix argues that Ambelin Kwaymullina, an indigenous Australian author, imagines a dystopian Australia as a way to teach readers about Australia’s history of indigeneity. The indigenous futurism Kwaymullina employs allows her to envision a path forward for Australia—one that respects and honors indigenous tradition while also leaning on indigenous notions of law to move the nation toward a more ethical social order. In The Interrogation of Ashala Wolf, Kwaymullina combines the genres of YA and Indigenous Futurism to address issues of Indigenous land use, ownership, and access to citizenship. Kwaymullina demonstrates the importance of Aboriginal peoples and concepts of nationhood to the contemporary world order, suggesting that a just and ecologically balanced world can come only from reincorporating Indigenous practices into governmental policy. In making these moves, The Interrogation of Ashala Wolf becomes a utopian vision in the most politically active sense.
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"Pacific Salmon: Ecology and Management of Western Alaska’s Populations." In Pacific Salmon: Ecology and Management of Western Alaska’s Populations, edited by Fred J. Bue, Bonnie M. Borba, Richard Cannon, and Charles C. Krueger. American Fisheries Society, 2009. http://dx.doi.org/10.47886/9781934874110.ch31.
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<em>Abstract.</em>—The most abundant salmon of the Yukon River is chum salmon <em>Oncorhynchus keta, </em>which make annual spawning runs from the Bering Sea up the Yukon River, traversing more than 1300 river miles across Alaska into Yukon Territory in Canada. Genetically distinct summer and fall runs exist and these runs are differentiated into stocks by timing of migration and by spawning river. The fall-run stocks are harvested from mid-July through early October and most Yukon River fisheries occur on a mixture of populations or stocks. This paper provides descriptions of fall chum salmon life history, the Yukon River fishery and its management, changes in stock abundance over time, and harvest. Six fisheries occur for fall-run chum salmon: subsistence, personal use, aboriginal, domestic, sport, and commercial. Subsistence fisheries in Alaska are comparable to aboriginal fisheries in Canada, as are personal use, sport, and domestic fisheries. The fisheries use a variety of gear including gillnets and fish wheels. Jurisdictionally, management requires cooperation among state, federal, and international organizations during both the ocean and river phases of the salmon life history. The goal of management is to regulate the harvest of commercial and traditional-use fisheries to provide an adequate number of fish for spawning (escapement) to ensure the reproduction of the next generation, and to sustain Alaskan and Canadian fisheries. Subsistence and aboriginal fisheries have priority over other fisheries in allocation of harvest. Regulations are used to control how many fish are caught through restrictions on effort, fishing efficiency, and the scheduling of where, when, and how long fishery openings will be allowed. Over the period 1974–2008, the largest runs of fall chum salmon occurred in 1975, 1995, and 2005 (> 1.47 million fish) and smallest runs occurred in 1999, 2000, and 2001 < 334,000 fish). Odd-year runs tend to be larger than even-year runs. The run failures of 1998–2002 were followed by increased run numbers in 2003–2008. Primary variables that influence the total run of fall chum salmon are the spawning success of previous generations, natural variability in marine and freshwater survival due to climatic and oceanographic processes, and fishery harvests in both marine and freshwater. Salmon escapement numbers typically emulated total run estimates. Every river monitored had low estimated escapements from 1998–2002. From 1974–2008, total harvest of fall chum salmon in Alaska (average 291,982 fish) exceeded Canadian harvests (average 20,314 fish) by an order of magnitude. Some lessons learned from management of this fishery are offered that may be applicable to other fisheries: stakeholder involvement is critical to effective harvest management; rapid, effective information sharing is a requirement for fast-paced, in-season decision-making; limited entry alone did not control harvest; and some things that make management difficult just cannot be changed!