Valmaine Toki - BeardManWalking

Indigenous Courts, Self-Determination and Criminal Justice

Publisher : Routledge
Release Date : 2018-04-09
ISBN : 1351239600
Pages : 290 pages
Rating Book: 4.5/5 (351 users)

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Download or read book Indigenous Courts, Self-Determination and Criminal Justice written by Valmaine Toki and published by Routledge. This book was released on 2018-04-09 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In New Zealand, as well as in Australia, Canada and other comparable jurisdictions, Indigenous peoples comprise a significantly disproportionate percentage of the prison population. For example, Maori, who comprise 15% of New Zealand’s population, make up 50% of its prisoners. For Maori women, the figure is 60%. These statistics have, moreover, remained more or less the same for at least the past thirty years. With New Zealand as its focus, this book explores how the fact that Indigenous peoples are more likely than any other ethnic group to be apprehended, arrested, prosecuted, convicted and incarcerated, might be alleviated. Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions (including Australia, Canada, the United States of America), and also in the United Nations Declaration on the Rights of Indigenous Peoples, the book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior. More specifically, the book draws on contemporary notions of ‘therapeutic jurisprudence’ and ‘restorative justice’ in order to argue that such a court would offer an effective way to ameliorate the disproportionate incarceration of Indigenous peoples.

Studies in Law, Politics, and Society

by Austin Sarat

Publisher : Emerald Group Publishing
Release Date : 2012-01-31
ISBN : 1780526237
Pages : 277 pages
Rating Book: 4.8/5 (78 users)

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Download or read book Studies in Law, Politics, and Society written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2012-01-31 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains an international and interdisciplinary array of legal scholarship. This work illuminates the law's response to its social context as well as the way law shapes that context. It shows how legal scholars contribute to public debate about contemporary issues as well as how they articulate the nature of rights and the limits of law.

Feminist Judgments of Aotearoa New Zealand

by Elisabeth McDonald

Publisher : Bloomsbury Publishing
Release Date : 2017-11-30
ISBN : 1509909753
Pages : 464 pages
Rating Book: 4.0/5 (59 users)

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Download or read book Feminist Judgments of Aotearoa New Zealand written by Elisabeth McDonald and published by Bloomsbury Publishing. This book was released on 2017-11-30 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection asks how key New Zealand judgments might read if they were written by a feminist judge. Feminist judging is an emerging critical legal approach that works within the confines of common law legal method to challenge the myth of judicial neutrality and illustrate how the personal experiences and perspectives of judges may influence the reasoning and outcome of their decisions. Uniquely, this book includes a set of cases employing an approach based on mana wahine, the use of Maori values that recognise the complex realities of Maori women's lives. Through these feminist and mana wahine judgments, it opens possibilities of more inclusive judicial decision making for the future. 'This Project stops us in our tracks and asks us: how could things have been different? At key moments in our legal history, what difference would it have made if feminist judges had been at the tiller? By doing so, it raises a host of important questions. What does it take to be a feminist judge? Would we want our judges to be feminists and if so why? Is there a uniquely female perspective to judging?' Professor Claudia Geiringer, Faculty of Law, Victoria University of Wellington 'With this book, some of our leading jurists expose the biases and power structures that underpin legal rules and the interpretation of them. Some also give voice to mana wahine perspectives on and about the law that have become invisible over time, perpetuating the impacts of colonialism and patriarchy combined on Maori women. I hope this book will be a catalyst for our nation to better understand and then seek to ameliorate these impacts.' Dr Claire Charters, Associate Professor, Faculty of Law, University of Auckland 'The work is highly illuminating and is critical to the development of our legal system ... It is crucial, not only for legal education, so that students of the law open their minds to the different ways legal problems can be conceptualised and decided. It is also crucial if we are going to have a truly just legal system where all the different voices and perspectives are fairly heard.' Professor Mark Henaghan, Dean of the Faculty of Law, University of Otago 'I believe this project is particularly important, as few academics or researchers in New Zealand concentrate on judicial method. I am therefore hopeful that it will provoke thoughtful debate in a critical area for society.' The Honourable Justice Helen Winkelmann, New Zealand Court of Appeal

Research Handbook on the International Law of Indigenous Rights

by Newman, Dwight

Publisher : Edward Elgar Publishing
Release Date : 2022-04-19
ISBN : 1788115791
Pages : 528 pages
Rating Book: 4.8/5 (788 users)

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Download or read book Research Handbook on the International Law of Indigenous Rights written by Newman, Dwight and published by Edward Elgar Publishing. This book was released on 2022-04-19 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising in international Indigenous rights law.

Indigenous Rights and Water Resource Management

by Katie O'Bryan

Publisher : Routledge
Release Date : 2018-10-26
ISBN : 1351239813
Pages : 272 pages
Rating Book: 4.5/5 (351 users)

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Download or read book Indigenous Rights and Water Resource Management written by Katie O'Bryan and published by Routledge. This book was released on 2018-10-26 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era of climate change, the need to manage our water resources effectively for future generations has become an increasingly significant challenge. Indigenous management practices have been successfully used to manage inland water systems around the world for thousands of years, and Indigenous people have been calling for a greater role in the management of water resources. As First Peoples and as holders of important knowledge of sustainable water management practices, they regard themselves as custodians and rights holders, deserving of a meaningful role in decision-making. This book argues that a key (albeit not the only) means of ensuring appropriate participation in decision-making about water management is for such participation to be legislatively mandated. To this end, the book draws on case studies in Australia and New Zealand in order to elaborate the legislative tools necessary to ensure Indigenous participation, consultation and representation in the water management landscape.

Untapped Power

by Carla Koppell

Publisher : Oxford University Press
Release Date : 2022-02-01
ISBN : 019761163X
Pages : pages
Rating Book: 4.9/5 (197 users)

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Download or read book Untapped Power written by Carla Koppell and published by Oxford University Press. This book was released on 2022-02-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Untapped Power provides extensive insight into why and how to advance diversity, equity and inclusion when promoting development, and addressing fragility and violent conflict. Urgent challenges relating to diversity and inclusion are universal. The global #MeToo and #BlackLivesMatter movements as well as the push for LGBTQ+ rights are all emblematic of a growing interest in and focus on how to better embrace and capitalize on diversity. Yet these social movements exist alongside renewed efforts to constrain minority rights and stem immigration around the world. In Untapped Power, Carla Koppell has assembled a leading group of scholars, policy makers, researchers, and activists to provide a comprehensive overview for understanding and navigating these countervailing forces, so that we can build a more peaceful and inclusive world. This book synthesizes theory, research, and analysis to show why an enduring global commitment to diversity and inclusion is essential, and how to advance that agenda in practical terms. It considers major scholarly theories and analytical frameworks underlying the case for a focus on diversity and inclusion; analyzes diversity trends and movements for inclusion; outlines specific strategies and approaches for promoting inclusion throughout peacebuilding and development processes; and discusses priorities to advance the agenda through research, advocacy, financial investments, and programming. A guide to one of the most pressing issues in world politics, this book will be essential for anyone working in the fields of global development, conflict resolution, or peace building.

Global Issues 2012

by Congessional Quarterly, Inc.

Publisher : SAGE
Release Date : 2012-06-11
ISBN : 1452226709
Pages : 464 pages
Rating Book: 4.5/5 (452 users)

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Download or read book Global Issues 2012 written by Congessional Quarterly, Inc. and published by SAGE. This book was released on 2012-06-11 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are you tired of simplistic treatment of the world's most important issues? So many competing readers offer simple black and white treatment of today's complex problems. Help your students see the shades of gray. In this annual reader, CQ Researcher reporters offer students an in-depth and nuanced look at sixteen of today's most pressing issues, ranging from changes in the Middle East and prospects for peace to climate change and terrorism. Each chapter identifies the key players, explores what's at stake, and offers necessary background and analysis so students understand how past and current developments impact the future of each issue. Also included: Pron box that examines two competing sides of a single issue question; Detailed chronology; Annotated bibliography and web resources; and Photos, charts, graphs, and maps.

For the Sake of Present and Future Generations

by Suzannah Linton

Publisher : BRILL
Release Date : 2015-07-24
ISBN : 9004270728
Pages : 704 pages
Rating Book: 4.0/5 (4 users)

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Download or read book For the Sake of Present and Future Generations written by Suzannah Linton and published by BRILL. This book was released on 2015-07-24 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Festschrift, edited by Professors Suzannah Linton, Gerry Simpson and William Schabas, brings together forty-one distinguished experts to honour Professor Roger Stenson Clark’s remarkable contribution to International Law.

Neo-Colonial Injustice and the Mass Imprisonment of Indigenous Women

by Lily George

Publisher : Springer Nature
Release Date : 2020-09-26
ISBN : 3030445674
Pages : 279 pages
Rating Book: 4.3/5 (3 users)

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Download or read book Neo-Colonial Injustice and the Mass Imprisonment of Indigenous Women written by Lily George and published by Springer Nature. This book was released on 2020-09-26 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book closes a gap in decolonizing intersectional and comparative research by addressing issues around the mass incarceration of Indigenous women in the US, Australia, Canada, and Aotearoa New Zealand. This edited collection seeks to add to the criminological discourse by increasing public awareness of the social problem of disproportionate incarceration rates. It illuminates how settler-colonial societies continue to deny many Indigenous peoples the life relatively free from state interference which most citizens enjoy. The authors explore how White-settler supremacy is exercised and preserved through neo-colonial institutions, policies and laws leading to failures in social and criminal justice reform and the impact of women’s incarceration on their children, partners, families, and communities. It also explores the tools of activism and resistance that Indigenous peoples use to resist neo-colonial marginalisation tactics to decolonise their lives and communities. With most contributors embedded in their indigenous communities, this collection is written from academic as well as community and experiential perspectives. It will be a comprehensive resource for academics and students of criminology, sociology, Indigenous studies, women and gender studies and related academic disciplines, as well as non-academic audiences: offering new knowledge and insider insights both nationally and internationally.

Report of the Economic and Social Council for 2015

by United Nations

Publisher : United Nations
Release Date : 2016-07-15
ISBN : 9210582675
Pages : 216 pages
Rating Book: 4.1/5 (21 users)

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Download or read book Report of the Economic and Social Council for 2015 written by United Nations and published by United Nations. This book was released on 2016-07-15 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Official Records of the Report of the Economic and Social Council for 2015, General Assembly Official Records, Seventieth Session.

Authorities

by Nicole Roughan

Publisher : OUP Oxford
Release Date : 2013-10-03
ISBN : 0191651125
Pages : 270 pages
Rating Book: 4.9/5 (191 users)

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Download or read book Authorities written by Nicole Roughan and published by OUP Oxford. This book was released on 2013-10-03 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interactions between state, international, transnational, and intra-state law involve overlapping, and sometimes conflicting, claims to legitimate authority. This has led scholars to new theoretical explanations of sovereignty, constitutionalism, and legality, but there has been little treatment of authority itself. This book asks whether, and under what conditions, there can be multiple legitimate authorities with overlapping or conflicting domains. Can legitimate authority be shared between state, supra-state, and non-state actors, and if so, how should they relate to one another? Roughan argues that understanding authority in contemporary pluralist circumstances requires a new conception of relative authority, and a new theory of its legitimacy. The theory of relative authority treats the interdependence of authorities, and the relationships in which they are engaged, as critical to any assessment of their legitimacy. It offers a tool for evaluating inter-authority relationships prevalent in international, transnational, state, and non-state constitutional practice, while suggesting significant revisions to the idea that law, in general or even by necessity, claims to have legitimate authority.

Aboriginal Title

by P. G. McHugh

Publisher : OUP Oxford
Release Date : 2011-08-18
ISBN : 0191018546
Pages : 378 pages
Rating Book: 4.9/5 (191 users)

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Download or read book Aboriginal Title written by P. G. McHugh and published by OUP Oxford. This book was released on 2011-08-18 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.

Legal Pluralism Explained

by Brian Z. Tamanaha

Publisher : Oxford University Press, USA
Release Date : 2021-01-27
ISBN : 019086155X
Pages : 208 pages
Rating Book: 4.9/5 (19 users)

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Download or read book Legal Pluralism Explained written by Brian Z. Tamanaha and published by Oxford University Press, USA. This book was released on 2021-01-27 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism involves the coexistence of multiple forms of law. This includes state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, comparative law, international law, transnational law, jurisprudence, and law and development scholarship. This book places legal pluralism in historical context going back to the Medieval period, describes the origins of legal pluralism in postcolonial countries and its implications today, identifies manifestations of legal pluralism within Western societies, discusses contemporary transnational legal pluralism, identifies problems with current theoretical accounts of legal pluralism, and articulates an approach to legal pluralism that avoids theoretical problems and is useful for social scientists, theorists, and law and development scholars and practitioners.

Making Copyright Work for the Asian Pacific

by Susan Corbett

Publisher : ANU Press
Release Date : 2018-10-22
ISBN : 176046239X
Pages : 313 pages
Rating Book: 4.6/5 (76 users)

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Download or read book Making Copyright Work for the Asian Pacific written by Susan Corbett and published by ANU Press. This book was released on 2018-10-22 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a contemporary overview of developing areas of copyright law in the Asian Pacific region. While noting the tendency towards harmonisation through free trade agreements, the book takes the perspective that there is a significant amount of potential for the nations of the Asian Pacific region to work together, find common ground and shift international bargaining power. Moreover, in so doing, the region can tailor any regional agreements to suit local needs. The book addresses the development of norms in the region and the ways in which this can occur in light of the specific nature of the creator–owner–user paradigm in the region and the common interests of Indigenous peoples.

Indigenous Rights in Scandinavia

by Christina Allard

Publisher : Routledge
Release Date : 2016-05-23
ISBN : 131711728X
Pages : 242 pages
Rating Book: 4.1/5 (317 users)

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Download or read book Indigenous Rights in Scandinavia written by Christina Allard and published by Routledge. This book was released on 2016-05-23 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to the international debate on Indigenous Peoples Law, containing both in-depth research of Scandinavian historical and legal contexts with respect to the Sami and demonstrating current stances in Sami Law research. In addition to chapters by well-known Scandinavian experts, the collection also comments on the legal situation in Norway, Sweden and Finland in relation to other jurisdictions and indigenous peoples, in particular with experiences and developments in Canada and New Zealand. The book displays the current research frontier among the Scandinavian countries, what the present-day issues are and how the nation states have responded so far to claims of Sami rights. The study sheds light on the contrasts between the three countries on the one hand, and between Scandinavia, Canada and New Zealand on the other, showing that although there are obvious differences, for instance related to colonisation and present legal solutions, there are also shared experiences among the indigenous peoples and the States. Filling a gap in an under-researched area of Sami rights, this book will be a valuable resource for academics, researchers and policy-makers with an interest in Indigenous Peoples Law and comparative research.

Research Handbook on the World Intellectual Property Organization

by Sam Ricketson

Publisher : Edward Elgar Publishing
Release Date : 2020-08-28
ISBN : 178897767X
Pages : 496 pages
Rating Book: 4.8/5 (788 users)

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Download or read book Research Handbook on the World Intellectual Property Organization written by Sam Ricketson and published by Edward Elgar Publishing. This book was released on 2020-08-28 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2020 marks the 50th year of the coming into force of the World Intellectual Property Organization (WIPO) Convention 1967 and the formal establishment of WIPO. This unique and wide-ranging Research Handbook brings together eminent scholars and experts who assess WIPO's role and programmes during its first half-century, as well as discussing the challenges facing the organization as it enters its second.

People, Power, and Law

by Alexander Gillespie

Publisher : Bloomsbury Publishing
Release Date : 2022-05-05
ISBN : 1509931627
Pages : 640 pages
Rating Book: 4.0/5 (59 users)

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Download or read book People, Power, and Law written by Alexander Gillespie and published by Bloomsbury Publishing. This book was released on 2022-05-05 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique insight into the key legal and social issues at play in New Zealand today. Tackling the most pressing issues, it tracks the evolution of these societal problems from 1840 to the present day. Issues explored include: illegal drugs; racism; the position of women; the position of Maori and free speech and censorship. Through these issues, the authors track New Zealand's evolution to one of the most famously liberal and tolerant societies in the world.