In this Book

  • Traditional, National, and International Law and Indigenous Communities
  • Book
  • Edited by Marianne O. Nielsen and Karen Jarratt-Snider
  • 2020
  • Published by: University of Arizona Press
summary
This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law.

While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.
 

Table of Contents

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  1. Cover
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  1. Title, Copyright, Dedication
  2. pp. i-vi
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  1. Contents
  2. pp. vii-viii
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  1. Acknowledgments
  2. pp. ix-xii
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  1. Introduction
  2. Marianne O. Nielsen and Karen Jarratt-Snider
  3. pp. 3-20
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  1. PART I. TRADITIONAL LAW
  2. pp. 21-26
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  1. 1. Revisioning Traditional Indigenous Justice in Light of the United Nations Declaration on the Rights of Indigenous Peoples
  2. James W. Zion and the Honorable Robert Yazzie
  3. pp. 27-49
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  1. 2. Traditional American Indian Justice
  2. The Honorable Raymond D. Austin
  3. pp. 50-70
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  1. PART II. NATIONAL LAW
  2. pp. 71-80
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  1. 3. Restoring Congruity: Indigenous Lives and Religious Freedom in the United States and Canada
  2. Chris Jocks
  3. pp. 81-103
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  1. 4. Respect for the Indian Child Welfare Act and Its Reflection on Tribal Sovereignty
  2. Kurt D. Siedschlaw
  3. pp. 104-122
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  1. 5. Protecting Native American Women: Grassroots Efforts to Address Domestic Violence and VAWA 2013
  2. Mary Jo Tippeconnic Fox
  3. pp. 123-140
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  1. PART III. INTERNATIONAL LAW
  2. pp. 141-146
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  1. 6. International and Comparative Perspectives on the Recognition and Promotion of Indigenous Justice
  2. Leonardo J. Alvardo
  3. pp. 147-168
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  1. 7. How Indigenous Justice Programs Contribute to Indigenous Community Capacity-Building and Achieving Human Rights
  2. Marianne O. Nielsen
  3. pp. 169-192
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  1. Conclusion
  2. Karen Jarratt-Snider and Marianne O. Nielsen
  3. pp. 193-202
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  1. Contributors
  2. pp. 203-206
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  1. Index
  2. pp. 207-214
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