Author: Vine Deloria, Jr.
Publisher: Fulcrum Publishing
Release Date: 2016-07-06
According to Deloria and Wilkins, "Whenever American minorities have raised voices of protest, they have been admonished to work within the legal system that seek its abolition." This essential work examines the historical evolution of the legal rights of various minority groups and the relationship between these rights and the philosophical intent of the American founders.
A Critical Pedagogy for Native American Education Policy is an application of critical pedagogical theory to historical and recent Native American educational policy. Focusing primarily on the Mvskoke (Creek), the authors provide a detailed historic timeline that is tied to the functionalist view of sociology as it is reflected in the institution of education in general. Knowles and Lovern examine the policy from the critical perspective with the application of Habermas and Freire. They argue that the functionalist mode of education has furthered the cause of colonization and its attendant cultural destruction. The emancipatory possibilities presented by the work of Habermas and Freire are mined for their application to the deficits created by the historical and continued colonization of Native Americans.
In the face of looming, tumultuous global change, this examination provides answers for those venturing into Vine's work in Indigenous and non-Indigenous politics, ecology, and organization. David E. Wilkins's insights, based on his personal relationship with Deloria, document the sacred life and legacy of "one of the most important religious thinkers of the 20th century, according to TIME.
Author: F. Knowles
Release Date: 2014-03-28
Genre: Political Science
The book tracks the development of Justice Thurgood Marshall's rationale and reason regarding Indian law. Drawing from Marshall's career preceding his appointment to the Supreme Court, it is anticipated that Marshall's views In Indian law would be consistent with his previous role as a champion of the disenfranchised in America.
Author: Kermit Hall
Release Date: 1987
This work is a collection of essays on the growth of tort law concepts of negligence, fault, and liability in response to the industrialization of the nineteenth century. The articles assess the distributive economic consequences of tort law and its effectiveness in protecting average citizens.
Author: P.J. Nerhot
Publisher: Springer Science & Business Media
Release Date: 2012-12-06
3 of law as an object that has always already been there, systematic and com plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar get this legal knowledge where the theory of lacunae finds its place.
Author: Alexander Somek
Publisher: OUP Oxford
Release Date: 2014-07-31
Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.