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Indigenous Peoples and the State Mark Hickford

Indigenous Peoples and the State By Mark Hickford

Indigenous Peoples and the State by Mark Hickford


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Summary

This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation.

Indigenous Peoples and the State Summary

Indigenous Peoples and the State: International Perspectives on the Treaty of Waitangi by Mark Hickford

Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealands Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.

About Mark Hickford

Mark Hickford, Pro Vice-Chancellor and Dean of Law, Victoria University of Wellington

Carwyn Jones, Senior Lecturer, Faculty of Law, Victoria University of Wellington

Table of Contents

TABLE OF CONTENTS

Notes of Contributors

  1. Introduction

Carwyn Jones and Mark Hickford

Part One: Foundations of Indigenous/State Relationships

  1. Maori and State Visions of Law and Peace
  2. Carwyn Jones

  3. Origin Stories and the Law: Treaty Metaphysics in Canada and New Zealand
  4. John Borrows

  5. Originalism and the Constitutional Canon of Aotearoa New Zealand
  6. David V Williams

    Part Two: Giving Meaning to the Treaty Through Time

  7. The Treaty of Waitangi in Historical Context
  8. Saliha Belmessous

  9. Towards a Post-Foundational History of the Treaty
  10. Bain Attwood

  11. The Failing Modern Jurisprudence of the Treaty of Waitangi
  12. Jacinta Ruru

    Part Three: Diverse Sites of the Treaty Relationship

  13. Ko te mana tuatoru, ko te mana motuhake
  14. Rawinia Higgins

  15. Reflecting on the Treaty of Waitangi and its Constitutional Dimensions: A Case for a Research Agenda
  16. Mark Hickford

  17. Future Contexts for Treaty Interpretation
  18. Natalie Coates

  19. He rangi ta Matawhaiti, he rangi ta Matawhanui: Looking towards 2040

Mamari Stephens

Glossary

Index

Additional information

NPB9780815375258
9780815375258
0815375255
Indigenous Peoples and the State: International Perspectives on the Treaty of Waitangi by Mark Hickford
New
Hardback
Taylor & Francis Inc
2018-07-26
206
N/A
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