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2020
Abstract Indigenous law is the category applied to the norms and legally binding practices of thousands of distinct indigenous communities spanning six continents. This chapter focuses on the content and construction of indigenous law within the borders of the present-day United States, equally marked by diversity among Native ...
Gregory Ablavsky +2 more
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Abstract Indigenous law is the category applied to the norms and legally binding practices of thousands of distinct indigenous communities spanning six continents. This chapter focuses on the content and construction of indigenous law within the borders of the present-day United States, equally marked by diversity among Native ...
Gregory Ablavsky +2 more
openaire +1 more source
Law & Social Inquiry, 1992
Why should indigenous peoples be accorded distinctive legal rights? On the one hand, the question seems to demand a simple answer: No special rights should exist provided that there are adequate protections for individual and human rights which indigenous peoples can utilize as readily as any others. If property rights are protected for all, if freedom
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Why should indigenous peoples be accorded distinctive legal rights? On the one hand, the question seems to demand a simple answer: No special rights should exist provided that there are adequate protections for individual and human rights which indigenous peoples can utilize as readily as any others. If property rights are protected for all, if freedom
openaire +1 more source
Indigenous Sovereignty, Common Law, and Natural Law
American Journal of Political Science, 2023AbstractRenewed calls for Indigenous sovereignty in North America have led some scholars to search Western philosophy for thinking that affirms these claims. Many suggest that the common law tradition offers resources to do so. In this article, I argue that common law is limited in its capacity to endorse Indigenous political legitimacy.
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Indigenous law and development
Development Southern Africa, 1985Law is often used as a means of social engineering, an analysis of which requires an understanding of the nature, possibilities and limits of law. It is closely related to the way of life of the people it is to serve, it is both dynamic and conservative in nature, and it follows, as well as at times directing, change.
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2000
Abstract Indigenous, and also religious, legal codes can be and have been incorporated into the legal systems of states in a number of ways. These include common‐law incorporation, which recognizes culturally distinct ways of establishing rights that are known to the general law, such as marriage and property rights; customary ...
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Abstract Indigenous, and also religious, legal codes can be and have been incorporated into the legal systems of states in a number of ways. These include common‐law incorporation, which recognizes culturally distinct ways of establishing rights that are known to the general law, such as marriage and property rights; customary ...
openaire +1 more source