Declarations of Interdependence: A Legal Pluralist Approach to Indigenous Rights (Cultural Diversity and Law)

This book takes up the postcolonial challenge for law and explains how the problems of legal recognition for Indigenous peoples are tied to an orthodox theory of law. Constructing a theory of legal pluralism that is both critical of law's epistemological and ontological presuppositions, as well as discursive in engaging a dialogue between legal traditions, Anker focusses on prominent aspects of legal discourse and process such as sovereignty, proof, cultural translation and negotiation. With case studies and examples principally drawn from Australia and Canada, the book seeks to set state law in front of its own reflection in the mirror of Indigenous rights, drawing on a broad base of scholarship in addition to legal theory, from philosophy, literary studies, anthropology, social theory, Indigenous studies and art. As a contribution to legal theory, the study advances legal pluralist approaches not just by imagining a way to 'make space for' Indigenous legal traditions, but by actually working with their insights in building theory. The book will be of value to students and researchers interested in Indigenous rights as well as those working in the areas of socio-legal studies, legal pluralism and law and cultural diversity. This book takes up the postcolonial challenge for law and explains how the problems of recognition are tied to an orthodox theory of law. The author focuses on prominent aspects of legal discourse and process and includes case studies and examples principally drawn from Australia and Canada. Cover 1 Contents 6 Acknowledgements 8 1 Introduction 10 2 Recognition 36 3 Law in Time and Space: Dimensions of Legal Pluralism 72 4 Translation: Evidentiary Fact, Language and Law 112 5 Proof: The Ngurrara Canvas 150 6 Negotiated Agreements 172 7 Conclusion 200 Bibliography 206 Index 240