Historical injustice and global inequality are basic problems embedded in territorial rights. In Global Justice and Territory Cara Nine advances a general theory of territorial rights adapting a theoretical framework from natural law theory to ground all territorial claims.
Largely forgotten today, the National Council on Indian Opportunity (1968–1974) was the federal government’s establishment of self-determination as a way to move Indians into the mainstream of American life. By endorsing the principle that Indians possessed the right to make choices about their own lives, envision their own futures, and speak and advocate for themselves, federal policy makers sought to ensure that Native Americans possessed the same economic, political, and cultural opportunities afforded other Americans. In this book, the first study of the NCIO, historian Thomas A. Britten traces the workings of the council along with its enduring impact on the lives of indigenous people.
Governments today often apologize for past injustices and scholars increasingly debate the issue, with many calling for apologies and reparations. Others suggest that what matters is victims of injustice today, not injustices in the past. Spinner-Halev argues that the problem facing some peoples is not only the injustice of the past, but that they still suffer from injustice today. They experience what he calls enduring injustices, and it is likely that these will persist without action to address them. The history of these injustices matters, not as a way to assign responsibility or because we need to remember more, but in order to understand the nature of the injustice and to help us think of possible ways to overcome it. Suggesting that enduring injustices fall outside the framework of liberal theory, Spinner-Halev spells out the implications of his arguments for conceptions of liberal justice and progress, reparations, apologies, state legitimacy, and post-nationalism.
Aboriginal Peoples, Persistent Injustice, and the Ethics of Political Action
Author: Burke A. Hendrix
Political theorists often imagine themselves as political architects, asking what an ideal set of laws or social structures might look like. Yet persistent injustices can endure for decades or even centuries despite such ideal theorizing. In circumstances of this kind, it is essential forpolitical theorists to think carefully about the political choices available to those who directly face such injustices and seek to change them.This book focuses on the claims of Aboriginal peoples to better treatment from the United States and Canada. Though other groups face similarly persistent injustices (e.g. African Americans in the United States), the specific details of injustice matter a great deal for its analysis. The bookfocuses on two intertwined issues: the kinds of moral permissions that those facing persistent injustice have when they act politically, and the kinds of transformations that political action may bring about in those who undertake it. The book argues for normative permissions to speak untruth topower; to circumvent or nullify existing law; to give primary attention to protecting one's own community first; and to engage in political experimentation that reshapes future generations. When carefully used, the book argues, these permissions may help political actors to avoid co-optation andself-delusion. At the same time, divisions of labor between those who grapple most closely with state institutions and those who keep their distance may be necessary to facilitate escape from persistent injustice over the long term.Oxford Political Theory presents the best new work in contemporary political theory. It is intended to be broad in scope, including original contributions to political philosophy, and also work in applied political theory. The series will contain works of outstanding quality with no restriction asto approach or subject matter. Series Editors: Will Kymlicka and David Miller.
Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.
Author: International Forum on Globalization,International Forum on Globalization. Alternatives Task ForcePublish On: 2002
A Better World is Possible
Author: International Forum on Globalization,International Forum on Globalization. Alternatives Task Force
Publisher: Berrett-Koehler Publishers
Written by a premier group of thinkers from around the world, this book is the defining document of the anti globalization movement and the culmination of a three-year project by the International Forum on Globalization.