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Relations Of Force And Relations Of Justice: The Emergence Of Normative Community Between Colonists And Aboriginal Peoples, Jeremy Webber
Relations Of Force And Relations Of Justice: The Emergence Of Normative Community Between Colonists And Aboriginal Peoples, Jeremy Webber
Osgoode Hall Law Journal
This paper argues that Aboriginal rights are best understood as the product of cross-cultural interaction-not, as is usually supposed, the result of some antecedent body of law (English, international, or Aboriginal). Aboriginal rights are therefore intercommunal in origin. The paper does describe the process by which this body of law emerged, but its primary vocation is theoretical, concerned with the following questions: How can a normative community emerge in the presence of profound cultural divisions? How can relations of justice emerge in a context dominated by power and coercion? How does moral reasoning draw upon the factual relations of the …
Mohegan Indians V. Connecticut (1705-1773) And The Legal Status Of Aboriginal Customary Laws And Government In British North America, Mark D. Walters
Mohegan Indians V. Connecticut (1705-1773) And The Legal Status Of Aboriginal Customary Laws And Government In British North America, Mark D. Walters
Osgoode Hall Law Journal
This article examines the eighteenth century case of Mohegan Indians v. Connecticut in order to determine its significance for arguments about the legal status of Aboriginal customary law and government in British North America. The article concludes that the Mohegan case confirms that in certain circumstances native nations on reserved lands in British colonies were subject, not to colonial jurisdictions established for settlers, but to their own traditional customs and institutions. It also concludes that the case is less clear than some recent commentators have suggested about whether British law recognized such nations as having rights of sovereignty.