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    Law's Indigenous Ethics

    John Borrows (Author)

    9781487523558

    Paperback / softback, published 9 April 2019

    392 pages
    22.9 x 15.2 x 2.5 cm, 0.56 kg

    "Many Canadians will agree that Indigenous law should be given more prominence within Canadian law. But the question remains: How do we implement this vision on the ground? The notion that Indigenous law should influence the development of non-Indigenous law is persuasive enough in theory, but what does it look like in practice? Law’s Indigenous Ethics offers some answers."

    - Karen Drake (Canadian Journal of Native Studies)

    "Law's Indigenous Ethics follows the John Borrows’ tradition of creative and insightful scholarship. It relies on Anishinaabe Grandmother and Grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect as ethical relationships in Indigenous laws."

    - Mary Hemmings, Thompson Rivers University (Canadian Law Library Review) "Borrows wants to deploy Indigenous law teachings to replace the political violence of state law with a network of trustworthy, consensual, reciprocal relations. He has assembled a remarkably wide set of materials to point the way." - Peter d’Errico, University of Massachusetts Amherst (American Indian Culture and Research Journal)

    Law’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools.

    With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.

    Acknowledgements \

    Introduction: Niizhwaaswi-Miigiwewinan (Seven Gifts): Nokomis’ Constitution Nitam-Miigiwewin: Zaagidiwin (Gift 1: Love)

    1. Love: Law & Land in Canada’s Indigenous Constitution
    Niizho-Miigiwewin: Debwewin (Gift 2: Truth)

    2. Truth: Origin Stories, Metaphysics, and Law
    Niso-Miigiwewin: Zoongide’iwin (Gift 3: Bravery)

    3. Bravery: Challenging the Durability of Terra Nullius: Tsilhqot’in v. British Columbia
    Niiyo-Miigiwewin: Dabaadendizowin (Gift 4: Humility)

    4. Humility: Entanglement, Aboriginal Title and ‘Private’ Property
    Naano-Miigiwewin: Nibwaakaawin (Gift 5: Wisdom)

    5. Wisdom: Outsider Education and Indigenous Law
    Ningodwaaso-Miigiwewin: Gwayakwaadiziwin (Gift 6: Honesty)

    6. Honesty: Legal Education, and Heroes, Tricksters, Monsters and Caretakers
    Niizhwaaso-Miigewewin: Manaaji’idiwin (Gift 7: Respect)

    7. Respect: Residential Schools, Responsibilities for Past Harms

    Conclusion

    Nookomis’ Re-Constitution

    Endnotes
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