John Borrows
Dados Biográficos
| ID | 111673 |
|---|---|
| NOME | John Borrows |
| PRENOMES | John |
| SOBRENOME | Borrows |
| ASSINATURA | BORROWS J |
| AFILIAÇÕES | University of Toronto |
| VERIFICADO | Não |
| TOTAL DE OBRAS | 23 |
| TOTAL DE CITAÇÕES | 127 |
| TOTAL COMO AUTOR | 20 |
| TOTAL COMO EDITOR | 3 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1997 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2026 |
| ÍNDICE H | 6 |
Anishinaabe Treaties and the Rule of Law
This lecture considers conserving and upholding Anishinaabe law as it relates to the more-than-human world. It suggests that we must continually renew our broadest legal commitments to protect and preserve what sustains us. Protecting clans and the animals from which they derive is close to the heart of Anishinaabe law ( ode’naakonige ). This law is embodied through Anishinaabe treaties with our evolutionary progenitors, our clan relatives. These…
Droit et gouvernance autochtones
Cet article analyse un obstacle important qui limite l’exercice des pouvoirs de gouvernance des peuples autochtones dans le Canada d’aujourd’hui, soit la tendance à aborder leurs revendications à travers un prisme historique circonscrit. Mon propos est de défendre que l’histoire ancestrale des peuples autochtones ne devrait pas être utilisée pour limiter leurs pouvoirs décisionnels contemporains. C’est malheureusement sur cette prémisse historiqu…
Braiding Legal Orders
Revitalizing Canada’s Indigenous Constitution
Democratic Multiplicity
This edited volume argues that democracy is broader and more diverse than the dominant state-centered, modern representative democracies, to which other modes of democracy are either presumed subordinate or ignored. The contributors seek to overcome the standard opposition of democracy from below (participatory) and democracy from above (representative). Rather, they argue that through differently situated participatory and representative practic…
La constitution autochtone du Canada
Indigenous Peoples and International Trade
Sally Engle Merry, Legal Pluralism, and the Radicalization of Comparative Law
At the very beginning of her career, Sally Engle Merry focused on the legal relations of nonlegally trained people-often members of the working class, marginalized or racialized groups. She explored the disjuncture between those people's understandings of disputing and the concepts, language, and procedural distinctions of legal professionals (Merry 1979, 1990, and more). That work brought her into contact with a number of scholars working on wha…
Law's Indigenous Ethics
Law's Indigenous Ethics seeks to strengthen the relationship between Indigenous rights and legal traditions by exploring a set of crucial topics through the lens of the seven Anishinaabe grandmother and grandfather teachings: love, truth, bravery, humility, wisdom, honesty, and respect
Resurgence and Reconciliation
Resurgence and Reconciliation is a multi-disciplinary, critical, and constructive analysis of the two major schools of thought in Indigenous-Settler relationships today: the reformist narrative of reconciliation and the more revolutionary resurgence school
Indigenous Constitutionalism
This chapter examines aspects of Canada’s constitution related to its Indigenous roots. It explores the different ways in which Indigenous peoples in Canada possessed constitutional structures prior to European arrival. Indigenous constitutionalism has provided standards through which Indigenous societies have resisted or engaged with the broader Canadian state. Traditions of Indigenous constitutionalism are varied and diverse because they develo…
Challenging Historical Frameworks
The Supreme Court of Canada has created a narrow framework for recognizing Aboriginal and treaty rights in Canada's Constitution by reference to historic moments of contact, assertions of sovereignty, and negotiated agreements. This approach has placed historical inquiries that search for “original” understandings at the centre of the court's jurisprudence. This article argues that law should not be equated with history in this way. It has severe…
Heroes, Tricksters, Monsters, and Caretakers
Teaching Indigenous peoples' own law in Canadian law schools presents significant challenges and opportunities. Materials can be organized in conventional or innovative ways. This article explores how law professors and others might best teach Indigenous peoples' law. Questions canvassed include: whether Indigenous peoples' law should primarily be taught in Indigenous communities, whether such law should even be taught in law schools, whether it …
Residential schools, respect, and responsibilities for past harms
It is difficult to accept the idea that we may be responsible for harms caused by other people. This article acknowledges challenges faced in this regard in relation to so-called responsibilities for harms suffered by Indigenous peoples in Residential Schools. Recognizing that there are real issues with the scope, cost, fairness, and appropriateness of ways of addressing these harms, this article discusses the role of Indigenous legal and politic…
Canada's Indigenous Constitution
Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a bro…
Living Law on a Living Earth
Recovering Canada
Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out…
Indian Agency
Sovereignty's Alchemy
In Delgamuukw v. British Columbia, the Supreme Court of Canada issued its long-awaited judgment on the status of Aboriginal title under section 35(1) of the Constitution Act, 1982. The decision was regarded as highly significant because it seemed to fundamentally alter the law of Aboriginal rights. This article suggests that while the case has somewhat positively changed the law to protect Aboriginal title, it has also simultaneously sustained a …
Unfinished Dreams
Unfinished Dreams: Community Healing and the Reality of Aboriginal Self-Government. Wayne Warry. Toronto: University of Toronto Press, 1998. + 323 pp., notes, bibliography, index
Living between Water and Rocks
The Sui Generis Nature of Aboriginal Rights
The authors trace the development of the use of the term sui generis to describe Aboriginal legal rights, noting that this is not in fact a recent phenomenon. They explain the doctrine as a balance between common law and Aboriginal conceptions, acting as an aid to the development of the common law in a manner which accommodates cultural differences and unique Aboriginal legal rights. The authors critically analyze recent judicial employment of th…
Frozen Rights in Canada
The trickster is alive and well.The Supreme Court of Canada illustrated this in the recent cases of R. v. Vanderpeet,' R
Sovereignty's Alchemy
In Delgamuukw v. British Columbia, the Supreme Court of Canada issued its long-awaited judgment on the status of Aboriginal title under section 35(1) of the Constitution Act, 1982. The decision was regarded as highly significant because it seemed to fundamentally alter the law of Aboriginal rights. This article suggests that while the case has somewhat positively changed the law to protect Aboriginal title, it has also simultaneously sustained a …
Frozen Rights in Canada
The trickster is alive and well.The Supreme Court of Canada illustrated this in the recent cases of R. v. Vanderpeet,' R
Living between Water and Rocks
Heroes, Tricksters, Monsters, and Caretakers
Teaching Indigenous peoples' own law in Canadian law schools presents significant challenges and opportunities. Materials can be organized in conventional or innovative ways. This article explores how law professors and others might best teach Indigenous peoples' law. Questions canvassed include: whether Indigenous peoples' law should primarily be taught in Indigenous communities, whether such law should even be taught in law schools, whether it …
Challenging Historical Frameworks
The Supreme Court of Canada has created a narrow framework for recognizing Aboriginal and treaty rights in Canada's Constitution by reference to historic moments of contact, assertions of sovereignty, and negotiated agreements. This approach has placed historical inquiries that search for “original” understandings at the centre of the court's jurisprudence. This article argues that law should not be equated with history in this way. It has severe…
The Sui Generis Nature of Aboriginal Rights
The authors trace the development of the use of the term sui generis to describe Aboriginal legal rights, noting that this is not in fact a recent phenomenon. They explain the doctrine as a balance between common law and Aboriginal conceptions, acting as an aid to the development of the common law in a manner which accommodates cultural differences and unique Aboriginal legal rights. The authors critically analyze recent judicial employment of th…
Indian Agency
Sally Engle Merry, Legal Pluralism, and the Radicalization of Comparative Law
At the very beginning of her career, Sally Engle Merry focused on the legal relations of nonlegally trained people-often members of the working class, marginalized or racialized groups. She explored the disjuncture between those people's understandings of disputing and the concepts, language, and procedural distinctions of legal professionals (Merry 1979, 1990, and more). That work brought her into contact with a number of scholars working on wha…
Living between Water and Rocks
The Sui Generis Nature of Aboriginal Rights
The authors trace the development of the use of the term sui generis to describe Aboriginal legal rights, noting that this is not in fact a recent phenomenon. They explain the doctrine as a balance between common law and Aboriginal conceptions, acting as an aid to the development of the common law in a manner which accommodates cultural differences and unique Aboriginal legal rights. The authors critically analyze recent judicial employment of th…
Frozen Rights in Canada
The trickster is alive and well.The Supreme Court of Canada illustrated this in the recent cases of R. v. Vanderpeet,' R
Sovereignty's Alchemy
In Delgamuukw v. British Columbia, the Supreme Court of Canada issued its long-awaited judgment on the status of Aboriginal title under section 35(1) of the Constitution Act, 1982. The decision was regarded as highly significant because it seemed to fundamentally alter the law of Aboriginal rights. This article suggests that while the case has somewhat positively changed the law to protect Aboriginal title, it has also simultaneously sustained a …
Unfinished Dreams
Unfinished Dreams: Community Healing and the Reality of Aboriginal Self-Government. Wayne Warry. Toronto: University of Toronto Press, 1998. + 323 pp., notes, bibliography, index
Indian Agency
Recovering Canada
Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out…
Living Law on a Living Earth
Canada's Indigenous Constitution
Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a bro…
Residential schools, respect, and responsibilities for past harms
It is difficult to accept the idea that we may be responsible for harms caused by other people. This article acknowledges challenges faced in this regard in relation to so-called responsibilities for harms suffered by Indigenous peoples in Residential Schools. Recognizing that there are real issues with the scope, cost, fairness, and appropriateness of ways of addressing these harms, this article discusses the role of Indigenous legal and politic…
Heroes, Tricksters, Monsters, and Caretakers
Teaching Indigenous peoples' own law in Canadian law schools presents significant challenges and opportunities. Materials can be organized in conventional or innovative ways. This article explores how law professors and others might best teach Indigenous peoples' law. Questions canvassed include: whether Indigenous peoples' law should primarily be taught in Indigenous communities, whether such law should even be taught in law schools, whether it …
Indigenous Constitutionalism
This chapter examines aspects of Canada’s constitution related to its Indigenous roots. It explores the different ways in which Indigenous peoples in Canada possessed constitutional structures prior to European arrival. Indigenous constitutionalism has provided standards through which Indigenous societies have resisted or engaged with the broader Canadian state. Traditions of Indigenous constitutionalism are varied and diverse because they develo…
Challenging Historical Frameworks
The Supreme Court of Canada has created a narrow framework for recognizing Aboriginal and treaty rights in Canada's Constitution by reference to historic moments of contact, assertions of sovereignty, and negotiated agreements. This approach has placed historical inquiries that search for “original” understandings at the centre of the court's jurisprudence. This article argues that law should not be equated with history in this way. It has severe…
Resurgence and Reconciliation
Resurgence and Reconciliation is a multi-disciplinary, critical, and constructive analysis of the two major schools of thought in Indigenous-Settler relationships today: the reformist narrative of reconciliation and the more revolutionary resurgence school
Law's Indigenous Ethics
Law's Indigenous Ethics seeks to strengthen the relationship between Indigenous rights and legal traditions by exploring a set of crucial topics through the lens of the seven Anishinaabe grandmother and grandfather teachings: love, truth, bravery, humility, wisdom, honesty, and respect
La constitution autochtone du Canada
Indigenous Peoples and International Trade
Sally Engle Merry, Legal Pluralism, and the Radicalization of Comparative Law
At the very beginning of her career, Sally Engle Merry focused on the legal relations of nonlegally trained people-often members of the working class, marginalized or racialized groups. She explored the disjuncture between those people's understandings of disputing and the concepts, language, and procedural distinctions of legal professionals (Merry 1979, 1990, and more). That work brought her into contact with a number of scholars working on wha…
Democratic Multiplicity
This edited volume argues that democracy is broader and more diverse than the dominant state-centered, modern representative democracies, to which other modes of democracy are either presumed subordinate or ignored. The contributors seek to overcome the standard opposition of democracy from below (participatory) and democracy from above (representative). Rather, they argue that through differently situated participatory and representative practic…
Braiding Legal Orders
Revitalizing Canada’s Indigenous Constitution
Droit et gouvernance autochtones
Cet article analyse un obstacle important qui limite l’exercice des pouvoirs de gouvernance des peuples autochtones dans le Canada d’aujourd’hui, soit la tendance à aborder leurs revendications à travers un prisme historique circonscrit. Mon propos est de défendre que l’histoire ancestrale des peuples autochtones ne devrait pas être utilisée pour limiter leurs pouvoirs décisionnels contemporains. C’est malheureusement sur cette prémisse historiqu…
Anishinaabe Treaties and the Rule of Law
This lecture considers conserving and upholding Anishinaabe law as it relates to the more-than-human world. It suggests that we must continually renew our broadest legal commitments to protect and preserve what sustains us. Protecting clans and the animals from which they derive is close to the heart of Anishinaabe law ( ode’naakonige ). This law is embodied through Anishinaabe treaties with our evolutionary progenitors, our clan relatives. These…
Political science (20 obras) · Law (15 obras) · Sociology (13 obras) · Multicultural Socio-Legal Studies (11 obras) · Law (9 obras) · Philosophy (9 obras) · Constitution (8 obras) · Indigenous (8 obras) · Politics (8 obras) · Indigenous Health, Education, and Rights (6 obras)