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This book takes up the postcolonial challenge for law and explains how the problems of legal recognition for Indigenous peoples are tied to an orthodox theory of law. Constructing a theory of legal pluralism that is both critical of law's epistemological and ontological presuppositions, as well as discursive in engaging a dialogue between legal traditions, Anker focusses on prominent aspects of legal discourse and process such as sovereignty, proof, cultural translation and negotiation. With case studies and examples principally drawn from Australia and Canada, the book seeks to set state law in front of its own reflection in the mirror of Indigenous rights, drawing on a broad base of scholarship in addition to legal theory, from philosophy, literary studies, anthropology, social theory, Indigenous studies and art. As a contribution to legal theory, the study advances legal pluralist approaches not just by imagining a way to 'make space for' Indigenous legal traditions, but by actually working with their insights in building theory. The book will be of value to students and researchers interested in Indigenous rights as well as those working in the areas of socio-legal studies, legal pluralism and law and cultural diversity.
List of contents
Chapter 1 Introduction; Chapter 2 Recognition; Chapter 3 Law in Time and Space: Dimensions of Legal Pluralism; Chapter 4 Translation: Evidentiary Fact, Language and Law; Chapter 5 Proof: The Ngurrara Canvas; Chapter 6 Negotiated Agreements; Chapter 7 Conclusion;
About the author
Kirsten Anker is Assistant Professor in law at McGill University. Originally from Australia, her teaching and research focus on fostering greater engagement with Indigenous legal traditions in Canada.
