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The Red River Colony was the Hudson’s Bay Company’s first planned settlement. As a settler-colonial project par excellence, it was designed to undercut Indigenous peoples’ “troublesome” autonomy and curtain the company’s dependency on their labour. In this critical re-evaluation of the history of the Red River Colony, Susan Dianne Brophy upends standard accounts by foregrounding Indigenous producers as a driving force of change. A Legacy of Exploitation challenges the enduring yet misleading fantasy of Canada as a glorious nation of adventurers, showing how autonomy can become distorted as complicity in processes of dispossession.
The purpose of this volume is dual. The first is to provide information about the question of the role that doctrines and practices of international law have played in the emergence and persistence of the phenomenon of socio-cultural fragmentation, and therefore of inter-group conflict, within African states. The second is to provide original thought about the ways in which, prompted by the emergent turn in our time to minority and group rights, international law and multilateral African states have begun the long journey toward modifying those doctrines and practices that have led to such unfortunate results, and have thereby begun to make very valuable contributions to the effort to prevent and/or reduce the incidence of inter-group strife in specific African contexts. The book is not, however, limited in scope by its utilisation of Africa as a case study. The book's core is based on analysis of traditional and contemporary international legal doctrines and practices, their effects in specific contexts, as well as on the role of multilateral institutions in the prevention of internecine conflict within established states. It is hoped that, with the use of African states as case studies, the book will be a contribution to the advancement of scholarly knowledge regarding the general question of the relationship among the doctrines of international law, the activities of multilateral institutions, and the management of the problems of fragmentation and internecine strife within established states the world over. This volume is relevant to international lawyers, specialists in international politics, diplomats, theorists, minority and group rights scholars, historians, and human rights activists in general. It is particularly relevant to the African studies specialist, the statesman and the diplomat.
Law, Policy, and International Justice is a collection of essays published in honour of Judge Maxwell Cohen. As a law professor, dean, and scholar, and through domestic and international public service, Cohen has played an important part in determining the direction of the law and legal institutions in Canada as well as internationally.
Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
Recent years have seen an increased interest in the variety of cultures co-existing within one state, and a growing acknowledgement of the values ensconced in pluralistic social structures. this book examines the manner in which indigenous people can function in modern states, preserving their traditional customs, while simultaneously adapting aspects of their culture to the challenges posed by modern life. Whereas it was formerly assumed that these tribal frameworks were doomed to extinction, and some states even encouraged such a process, there has been a revival in their vitality, linked to a recognition of their rights. The book offers a comprehensive survey of various aspects of tribal life, focusing on political issues such as the meaning of sovereignty, legal issues dealing with the role of custom and social issues concerned with sustaining communal life. A focused study is made of a whole series of legal factors, relating to possession and ownership of land, religious rites, the nature of polygamous marriages, the assertion of group rites, the manner of peacefully resolving disputes and allied questions. Recent judicial decisions are analysed as a reflection of the far-reaching changes that have taken place, in a process that has seen the former disregard of basic rights of indigenous people being replaced by an awareness of the injustices perpetrated in the past and a willingness to seek to redress them. The comparison between approaches of different English-speaking countries provides an account of interwoven developments.
Professor emeritus at Osgoode Hall Law School and former president of Toronto’s York University, Harry W. Arthurs is one of Canada’s most widely respected scholars, educators, and policy makers in the world today. His enormous academic and institutional productivity has extended to administrative and labour law, legal pluralism and legal theory, and legal education. Bringing together scholars of law, history, and political economy, The Daunting Enterprise of the Law applies the framework of Arthurs’s extraordinary scholarship to a series of themes running through current legal, economic, and political thought. Contributors from around the globe engage with Arthurs’s work in several fields and sub-fields and consider the past and future of industrial democracy, globalization, labour law, legal education, and legal theory in the twenty-first century. Through the process of surveying, evaluating, and reflecting upon Arthurs’s ideas and intellectual contributions, they further advance the reader’s understanding of labour law and industrial relations. Remarkable in breadth and scope, The Daunting Enterprise of Law is both a celebration of Arthurs’s institutional achievements and policy leadership and an important contribution to contemporary scholarship.