Author: Publisher:
ISBN:
Category : Judicial process
Languages : en
Pages : 110
Book Description
Yearbook of New Zealand Jurisprudence
Author: New Zealand Yearbook of International Law
Author: Publisher: BRILL
ISBN: 9004423265
Category : Law
Languages : en
Pages : 466
Book Description
The New Zealand Yearbook of International Law is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and to generate scholarship in those fields. In this regard the Yearbook contains an annual ‘Year-in-Review’ of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific. This Yearbook covers the period 1 January 2018 to 31 December 2018.
Juridical Encounters
Author: Shaunnagh DorsettPublisher: Auckland University Press
ISBN: 177558920X
Category : Law
Languages : en
Pages : 302
Book Description
From 1840 to 1852, the Crown Colony period, the British attempted to impose their own law on New Zealand. In theory Maori, as subjects of the Queen, were to be ruled by British law. But in fact, outside the small, isolated, British settlements, most Maori and many settlers lived according to tikanga. How then were Maori to be brought under British law? Influenced by the idea of exceptional laws that was circulating in the Empire, the colonial authorities set out to craft new regimes and new courts through which Maori would be encouraged to forsake tikanga and to take up the laws of the settlers. Shaunnagh Dorsett examines the shape that exceptional laws took in New Zealand, the ways they influenced institutional design and the engagement of Maori with those new institutions, particularly through the lowest courts in the land. It is in the everyday micro-encounters of Maori and the new British institutions that the beginnings of the displacement of tikanga and the imposition of British law can be seen. Juridical Encounters presents one of the first detailed studies of the interactions of an indigenous people in an Anglo-settler colony with the new British courts. By recovering Maori juridical encounters at a formative moment of New Zealand law and life, Dorsett reveals much about our law and our history.
Canada's Indigenous Constitution
Author: John BorrowsPublisher: University of Toronto Press
ISBN: 1442698527
Category : Social Science
Languages : en
Pages : 441
Book Description
Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a broader acceptance of Indigenous legal traditions. With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly. This is a major work by one of Canada's leading legal scholars, and an essential companion to Drawing Out Law: A Spirit's Guide.
Waitangi & Indigenous Rights
Author: F. M. BrookfieldPublisher: Auckland University Press
ISBN: 1775582361
Category : Business & Economics
Languages : en
Pages : 265
Book Description
This landmark study examines issues surrounding New Zealand’s Treaty of Waitangi, focusing on recent Fiji revolutions and indigenous customary rights to the seabed and foreshore. In this revised edition, the author approaches these complex and controversial matters with a careful, thorough, and principled approach while dealing with the broad constitutional issues and responding to comments made by other scholars. This study will serve as an essential tool for those working in the area and for those engaged in this contemporary debate.
Indigenous Criminology
Author: Chris CunneenPublisher: Policy Press
ISBN: 1447321782
Category : Social Science
Languages : en
Pages : 218
Book Description
Indigenous Criminology is the first book to comprehensively explore Indigenous people’s contact with criminal justice systems in a contemporary and historical context. Drawing on comparative Indigenous material from North America, Australia and Aotearoa New Zealand, it addresses both the theoretical underpinnings to the development of a specific Indigenous criminology, and canvasses the broader policy and practice implications for criminal justice. Written by leading criminologists specialising in Indigenous justice issues, the book argues for the importance of Indigenous knowledges and methodologies to criminology, and suggests that colonialism needs to be a fundamental concept to criminology in order to understand contemporary problems such as deaths in custody, high imprisonment rates, police brutality and the high levels of violence in some Indigenous communities. Prioritising the voices of Indigenous peoples, the work will make a significant contribution to the development of a decolonising criminology and will be of wide interest.
De-Gendering Gendered Occupations
Author: Joanne McDowellPublisher: Routledge
ISBN: 0429631855
Category : Education
Languages : en
Pages : 192
Book Description
De-Gendering Gendered Occupations brings together contributions from researchers on language and gender studies and workplace discourse to unpack and challenge hegemonic gendered norms encoded in what are traditionally considered female occupations. The volume integrates a range of theoretical frameworks, including conversation analysis, pragmatics, and interactional sociolinguistics, to analyse data from such professions as primary education, healthcare, and speech and language therapy across various geographic contexts. Through this lens, the first part of the book examines men’s linguistic practices with the second part offering a comparative analysis of 'male' and 'female' discourse. The settings discussed here allow readers to gain insights into the ways in which cultural, professional, and gendered identity intersect for practitioners in these professions and in turn, future implications for discourse around gendered professions more generally. This book will be key reading for students and researchers in sociolinguistics, discourse analysis, gender studies, cultural studies, and professional discourse.
Witness to the Human Rights Tribunals
Author: Bruce Granville MillerPublisher: UBC Press
ISBN: 0774867787
Category : Law
Languages : en
Pages : 241
Book Description
On the twelfth floor of an undistinguished-looking high-rise in a Canadian city, a tribunal adjudicates the human rights of Indigenous individuals. Why isn’t the process working? First establishing the context with an in-depth look at the role of anthropological expertise in the courts, Witness to the Human Rights Tribunals then draws on testimony, ethnographic data, and years of tribunal decisions to show how specific cases are fought. Bruce Miller’s candid analysis reveals the double-edged nature of the tribunal itself, which re-engages with the trauma and violence of discrimination that suffuses social and legal systems while it attempts to protect human rights. Should the human rights tribunal system be replaced, or paired with an Indigenous-centred system? How can anthropologists promote understanding of the pervasive discrimination that Indigenous people face? This important book convincingly concludes that any reform must consider the problem of symbolic trauma before Indigenous claimants can receive appropriate justice.
Indigenous Water Rights in Law and Regulation
Author: Elizabeth Jane MacphersonPublisher: Cambridge University Press
ISBN: 1108473067
Category : History
Languages : en
Pages : 313
Book Description
A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
Indigenous Courts, Self-Determination and Criminal Justice
Author: Valmaine TokiPublisher: Routledge
ISBN: 1351239600
Category : Law
Languages : en
Pages : 328
Book Description
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 figure is 60%. These statistics have, moreover, remained more or less the same for at least the past thirty years. With New Zealand as its focus, this book explores how the fact that Indigenous peoples are more likely than any other ethnic group to be apprehended, arrested, prosecuted, convicted and incarcerated, might be alleviated. Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions (including Australia, Canada, the United States of America), and also in the United Nations Declaration on the Rights of Indigenous Peoples, the book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior. More specifically, the book draws on contemporary notions of ‘therapeutic jurisprudence’ and ‘restorative justice’ in order to argue that such a court would offer an effective way to ameliorate the disproportionate incarceration of Indigenous peoples.