View All Book Series

BOOK SERIES


Indigenous Peoples and the Law


About the Series

The colonial modalities which resulted in the pillaging of the ‘New World’ involved wholesale dispossession, genocidal violence and exploitation of their original inhabitants. It was not, however, until the latter part of the twentieth century that Indigenous peoples attained some degree of legal recognition. This book series focuses upon the manner in which Indigenous peoples’ experiences of law have been transformed from an oppressive system of denying rights to a site of contestation and the articulation of various forms of self-governance. Encouraging a range of theoretical, political and ethical perspectives on Indigenous peoples and the law, this book series aims to provide a comprehensive survey of the experience of Indigenous peoples and their changing relationship with national and international juridical frameworks.  

The series will include both monographs and edited collections pursuing variety a of perspectives – including, but not limited to, a concern with:

  • Law as a mechanism of power/knowledge: that is, the discursive and biopolitical strategies of Conquest, Settlement, and Empire – with a  particular interest in how the juridical was deployed to validate land appropriation in the ‘New World’ and European colonies. This might include consideration of the influence of the writings of Vattel, Blackstone, Sepulveda, Vittoria, las Casas and others in framing Indigenous populations and their lands as supposedly amenable to colonization.
  • The role of law in authorising oppression, dispossession and genocide in the colonial period, and how such juridical moments continue to shape relations between Indigenous peoples and the State. This might include consideration of: specific governmental policies and legislation that allowed for forced removal of Indigenous children; appropriation of Indigenous lands; the imposition of regimes of control through government reserves and missions; and/or the role of treaties in providing legal justification for the dispossession of Indigenous peoples.
  • Contemporary issues that confront Indigenous peoples in their dealings with law in the global present. This might include consideration of: disputes relating to resource extraction; access to justice and over-representation in the criminal justice system; cultural heritage and intellectual property claims; the recognition of Indigenous laws; land rights; the belated recognition of Indigenous rights in both ‘new’ constitutions and in international law; and/or sovereignty.

If you are interested in submitting a proposal for the series, please contact:

Mark Harris

The University of British Columbia

mark.harris@ubc.ca

or

Colin Perrin

Routledge

2 Park Square

Milton Park

Abingdon

Oxon

OX14 4RN

Colin.Perrin@informa.com

9 Series Titles

Per Page
Sort

Display
Scales of Governance and Indigenous Peoples

Scales of Governance and Indigenous Peoples

1st Edition

Forthcoming

Irene Bellier, Jennifer Hays
September 03, 2019

  This book takes an interdisciplinary approach to the complicated power relations surrounding the recognition and implementation of Indigenous Peoples’ rights at multiple scales. The adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007 was heralded as the...

Reconciling Indigenous Peoples’ Individual and Collective Rights: Participation, Prior Consultation and Self-Determination in Latin America

Reconciling Indigenous Peoples’ Individual and Collective Rights: Participation, Prior Consultation and Self-Determination in Latin America

1st Edition

Jessika Eichler
May 10, 2019

This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of...

Indigenous Peoples as Subjects of International Law

Indigenous Peoples as Subjects of International Law

1st Edition

Irene Watson
December 19, 2018

For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed,...

Indigenous Rights and Water Resource Management: Not Just Another Stakeholder

Indigenous Rights and Water Resource Management: Not Just Another Stakeholder

1st Edition

Katie O'Bryan
November 06, 2018

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...

Indigenous Peoples and the State: International Perspectives on the Treaty of Waitangi

Indigenous Peoples and the State: International Perspectives on the Treaty of Waitangi

1st Edition

Mark Hickford, Carwyn Jones
July 26, 2018

Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand’s Treaty of Waitangi is a living, and historically rich,...

Indigenous Courts, Self-Determination and Criminal Justice

Indigenous Courts, Self-Determination and Criminal Justice

1st Edition

Valmaine Toki
March 13, 2018

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...

The Literary and Legal Genealogy of Native American Dispossession: The Marshall Trilogy Cases

The Literary and Legal Genealogy of Native American Dispossession: The Marshall Trilogy Cases

1st Edition

George D Pappas
February 05, 2018

The Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases, Johnson v. M’Intosh (1823),...

Indigeneity: Before and Beyond the Law

Indigeneity: Before and Beyond the Law

1st Edition

Kathleen Birrell
October 12, 2017

Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the animation of indigeneities within textual imaginaries, both literary and juridical. Engaging the philosophy of Jacques Derrida and Walter Benjamin, as well...

Aboriginal Peoples, Colonialism and International Law: Raw Law

Aboriginal Peoples, Colonialism and International Law: Raw Law

1st Edition

Irene Watson
April 24, 2016

This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their...

AJAX loader