Traditional, National, and International Law and Indigenous Communities

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This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law.

While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.
"This book supports the ongoing relevance and resurgence of Indigenous traditional law, and Indigenous rights to make and use such laws and their institutions as an exercise of their sovereignty, against the ineffectiveness, lack of cultural awareness, and unfairness of “European-based” legal systems. It is an excellent and necessary resource for law students, legal professionals, Indigenous advocates and allies that want to break the colonialist chain of Western legal exercise that disrespects Indigenous sovereignty by ignoring their laws and justice systems."—Ayla do Vale Alves, Rights of Indigenous Peoples Interest Group Newsletter

“This timely collection of essays, expertly edited by Nielsen and Jarratt-Snider, captures the profundity, maddening ambiguities, and tremendous opportunities in wielding the law-whether Indigenous or Western derived- on behalf of Native peoples.”—David Wilkins, University of Richmond
Traditional, National, and International Law and Indigenous Communities
224 Pages 5.5 x 8.5
Published: May 2020Paperback ISBN: 9780816540419
Published: May 2020Ebook ISBN: 9780816541300

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