Chapter

Living Together Less Contentiously—The Jurisprudence of Reconciliation in the 1990s

P.G. McHUGH

in Aboriginal Societies and the Common Law

Published in print December 2004 | ISBN: 9780198252481
Published online January 2010 | e-ISBN: 9780191710438 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198252481.003.0009
Living Together Less Contentiously—The Jurisprudence of Reconciliation in the 1990s

More Like This

Show all results sharing this subject:

  • Jurisprudence and Philosophy of Law

GO

Show Summary Details

Preview

‘Reconciliation’ emerged in the early 1990s as a new theme driving relations between aboriginal peoples and the settler-states of North America and Australasia. This was a theme that did not posit closure and finality in those relations, but signified a more conscious attempt within each settler-state to erect structures for the management of an ongoing relationship with its tribal peoples. Reconciliation could not be possible without recognition. Recognition entailed not only the conferral by the settler-state legal system of substantive aboriginal rights. For aboriginal peoples it also involved the acknowledgment by the settler-state of the impropriety of past conduct in breach of those rights. This chapter discusses a jurisprudence of reconciliation, reconciliation through claims settlement; and claims mechanisms in Canada, New Zealand, and Australia.

Keywords: common law; aboriginal peoples; aborigines; reconciliation; recognition; claims settlement

Chapter.  41442 words. 

Subjects: Jurisprudence and Philosophy of Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.