Relations of Force and Relations of Justice
The Emergence of Normative Community between Colonists and Aboriginal Peoples
Bibliographic Data
| ID | 7095270 |
|---|---|
| Authors | Jeremy Webber (0000-0003-2825-382X, McGill University, corresponding author) |
| Year | 1995 |
| Volume | 33 |
| Issue | 4 |
| Pages | 623-660 |
| Publication date | 1995-10-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Osgoode Hall law journal (JOURNAL) |
| Journal identifiers | ISSN: 0030-6185 • E-ISSN: 2817-5069 |
| Publisher | Routledge (PUBLISHER • GB) |
| DOI | 10.60082/2817-5069.1636 |
| OpenAlex | W2529732197 |
| Language | EN |
| Citations received | 9 |
This paper argues that Aboriginal rights are best understood as the product of cross-cultural interaction-not, as is usually supposed, the result of some antecedent body of law (English, international, or Aboriginal). Aboriginal rights are therefore intercommunal in origin. The paper does describe the process by which this body of law emerged, but its primary vocation is theoretical, concerned with the following questions: How can a normative community emerge in the presence of profound cultural divisions? How can relations of justice emerge in a context dominated by power and coercion? How does moral reasoning draw upon the factual relations of the past? Does the process create law, cognizable by judges
Antecedent (behavioral psychology · Coercion (linguistics · Context (archaeology · Economic Justice · Indigenous · Normative · Political science · Power (physics · Product (mathematics · Sociology · History · Law · Law in Society and Culture · Multicultural Socio-Legal Studies · Philosophy · Psychology · Social Psychology
The Form and Substance of Aboriginal Title
Contending Sovereignties
Chthonic Legal Traditions
Identitarisme, droits ancestraux et néocolonialisme
Sovereignties Viewed through Anomalies
Winter’s Topography, Law, and the Colonial Legal Imaginary in British Columbia
Disentangling the Sources and Nature of Indigenous Rights
Reconciliation in Translation
"Moya `Tipimsook("The People Who Aren't Their Own Bosses)
| Citations per year | 0.6 |
|---|---|
| Citation span | 2011 - 2021 (11) |
| Highly cited | No |