Declarations of Interdependence: A Legal Pluralist Approach to Indigenous Rights
| By: | Anker, Kirsten, Professor |
| Publisher: | Taylor & Francis |
| Print ISBN: | 9781409447375 |
| eText ISBN: | 9781472406262 |
| Edition: | 0 |
| Format: | Reflowable |
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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