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Freedom and Indigenous Constitutionalism John Borrows

Freedom and Indigenous Constitutionalism By John Borrows

Freedom and Indigenous Constitutionalism by John Borrows


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Summary

John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom.

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Freedom and Indigenous Constitutionalism Summary

Freedom and Indigenous Constitutionalism by John Borrows

Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada's constitutional structures marginalize Indigenous peoples' ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.

Freedom and Indigenous Constitutionalism Reviews

This remarkable work is at once challenging and accessible, philosophical and practical, and wide-ranging while firmly rooted in Anishinaabe tradition. Borrows takes a realistic, creative, and intellectually rigorous approach to some of the most difficult and pressing issues in Indigenous law, constitutional law, and political philosophy, as well as all readers who wish to better understand the relationship between indigenous peoples and Canada. -- Katherine Starks * Saskatchewan Law Review *
Borrows does not ask the reader to comply with his own philosophies. Instead, he asks that we be rigorous within our own thinking and that we resist imprisoning ourselves within established conventions. -- Deborah McGregor, York University * University of Toronto Quarterly, vol 87 3, Summer 2018 *

About John Borrows

John Borrows is the Canada Research Chair in Indigenous Law in the Faculty of Law at the University of Victoria and is the winner of both the Canadian Political Science Association's Donald Smiley Prize (for Recovering Canada) and the Canadian Law and Society Association Book Prize (for Canada's Indigenous Constitution).

Table of Contents

Introduction 1. Physical Philosophy: Mobility and Indigenous Peoples 2. Civil (Dis)Obedience, Freedom and Democracy 3. Indigenous Politics and Canadian Constitutionalism 4. (Ab)Originalism and Aboriginal Rights 5. Legislation and Indigenous Self-Determination in Canada and the United States 6. Aboriginal and Treaty Rights and Violence Against Women 7. Conclusion

Additional information

CIN1442629231G
9781442629233
1442629231
Freedom and Indigenous Constitutionalism by John Borrows
Used - Good
Paperback
University of Toronto Press
2016-04-08
384
Joint winner of Donald Smiley Prize awarded by the Canadian Political Science Association 2017 (Canada)
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in good condition, but if you are not entirely satisfied please get in touch with us

Customer Reviews - Freedom and Indigenous Constitutionalism