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Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relat...
The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.
This book presents new material and shines fresh light on the under-explored historical and legal evidence about the use of the doctrine of discovery in Australia, Canada, New Zealand and the United States. North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. When Europeans set out to explore and exploit new lands in the fifteenth through to the twentieth centuries, they justified their sovereign and property claims over these territories and the indigenous peoples with the discovery doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian s...
Indigenous peoples around the world have been involved in struggles for decolonization, self-determination, and recognition of their rights, and the Māori of Aotearoa-New Zealand are no exception. Now that nearly 85% of the Māori population have their main place of residence in urban centres, cities have become important sites of affirmation and struggle. Grounded in an ethnography of everyday life in the city of Auckland, Being Maori in the City is an investigation of what being Māori means today. One of the first ethnographic studies of Māori urbanization since the 1970s, this book is based on almost two years of fieldwork, living with Māori families, and more than 250 hours of interviews. In contrast with studies that have focused on indigenous elites and official groups and organizations, Being Māori in the City shines a light on the lives of ordinary individuals and families. Using this approach, Natacha Gagné adroitly underlines how indigenous ways of being are maintained and even strengthened through change and openness to the larger society.
Dramatizes Richard's rise to the British throne and his subsequent downfall, and includes criticism and notes on the play's text.