Title | Eagle soaring on the emergent winds of Indigenous legal authority |
Publication Type | Journal Article |
Year of Publication | 2013 |
Authors | Chartrand, L. |
Secondary Title | Review of Constitutional Studies |
Volume | 18 |
Number | 1 |
Pagination | 49 - 87 |
Publication Language | eng |
ISSN Number | 11928034 |
Keywords | human rights, Indigenous peoples, law, philosophy, social order, traditional knowledge |
Abstract | This paper discusses the nature of Indigenous peoples' social order systems and highlights some fundamental "legal" principles that perhaps exemplify many Indigenous nation's legal traditions to a greater or lesser degree depending on the particular nation. They are: The Principle of Progress as Renewal, The Principle of Balance, The Principle of Life-Wide Legal Agency Equality, and The Principle of Decentralized Normativity and Decision-making. In discussing these principles, the author through his own personal experiences and connection to traditional teachings, reveals the interconnectedness of indigenous legal thought and spirituality and how there is really no essential distinction between the two concepts. The point is also made that the legal cultures of Indigenous and Western societies may be different in nature, process and structure than European-based social order systems, but they were and are no less effective. In addition, the paper discusses issues concerning the right |
URL | http://0-search.ebscohost.com.aupac.lib.athabascau.ca/login.aspx?direct=true&AuthType=url,ip,uid&db=a9h&AN=92720097&site=ehost-live |
Group | CEMA |
Citation Key | 9272009720130601 |