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TitleEagle soaring on the emergent winds of Indigenous legal authority
Publication TypeJournal Article
Year of Publication2013
AuthorsChartrand, L.
Secondary TitleReview of Constitutional Studies
Volume18
Number1
Pagination49 - 87
Publication Languageeng
ISSN Number11928034
Keywordshuman 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

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Group

CEMA

Citation Key9272009720130601

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