Indigenous Law & Aboriginal Law

Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.

See chapter 2: "Challenging Assumptions: The Impact of Precedent in Aboriginal Rights Litigation". This is a print book.

Please see Chapter 8: "Indigenous Legal Theory: Some Initial Considerations". This is an eBook.