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Articles 1 - 3 of 3
Full-Text Articles in Law and Race
The Fallacy Of Neutrality: Diary Of An Election Observer, Jeanne M. Woods
The Fallacy Of Neutrality: Diary Of An Election Observer, Jeanne M. Woods
Michigan Journal of International Law
Neutrality is one of many conceptual fictions of liberal discourse. A legal fiction is "contrived by the law" to facilitate adjudication of issues. Such fictions may serve as symbols, to make abstract concepts tangible or, they may be myths designed to promote some normative principle or goal. The problem arises when these fictions cease to be recognized as inventions, or as "presumptions about reality," and are believed to have an independent existence in reality. Then, they "purport to provide us with an objective and impersonal criterion, but they do not." According to the philosopher Alasdair MacIntyre, a fiction is "a …
A Country Within A Country: Redrawing Borders On The Post-Colonial Sovereign State, Suzan Dionne Balz
A Country Within A Country: Redrawing Borders On The Post-Colonial Sovereign State, Suzan Dionne Balz
Michigan Journal of Race and Law
This Essay seeks to identify the conflict that exists between the demands for self-governance by Canada's First Nations and the interests of the Canadian state. The author elucidates this conflict by identifying two major differences between the perspectives of Canada's First Nations' demands for self-governance and the interests of the Canadian state: the privileging of the collective versus the privileging of the individual, and the two very different notions of "territory." The author concludes that the doctrine of sovereign statehood as developed out of European Nationalism stands as an obstacle to the self-determination of non-western peoples such as the First …
Rethinking Equality In The Global Society, Clark D. Cunningham
Rethinking Equality In The Global Society, Clark D. Cunningham
Faculty Publications By Year
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