Consent has long been used to establish the legitimacy of society. But when one asks - who consented? how? to what type of community? - consent becomes very elusive, more myth than reality. In Between Consenting Peoples, leading scholars in legal and political theory examine the different ways in which consent has been used to justify political communities and the authority of law, especially in indigenous-nonindigenous relations. They explore the kind of consent - the kind of attachment - that might ground political community and establish a fair relationship between indigenous and nonindigenous peoples.…mehr
Consent has long been used to establish the legitimacy of society. But when one asks - who consented? how? to what type of community? - consent becomes very elusive, more myth than reality. In Between Consenting Peoples, leading scholars in legal and political theory examine the different ways in which consent has been used to justify political communities and the authority of law, especially in indigenous-nonindigenous relations. They explore the kind of consent - the kind of attachment - that might ground political community and establish a fair relationship between indigenous and nonindigenous peoples.
Jeremy Webber holds the Canada Research Chair in Law and Society at the University of Victoria and is a Trudeau Fellow. Colin M. Macleod is an associate professor of law and philosophy at the University of Victoria. Contributors: Andrée Boisselle, David Dyzenhaus, Duncan Ivison, Margaret Moore, Val Napoleon, Janna Promislow, Tim Rowse, James Tully
Inhaltsangabe
Introduction 1 The Meanings of Consent / Jeremy Webber Part 1: The Challenges of Consent in Indigenous Contexts 2 Living Together: Gitksan Legal Reasoning as a Foundation for Consent / Val Napoleon 3 Thou Wilt Not Die of Hunger ... for I Bring Thee Merchandise : Consent, Intersocietal Normativity, and the Exchange of Food at York Factory, 1682-1763 / Janna Promislow 4 The Complexity of the Object of Consent: Some Australian Stories / Tim Rowse Part 2: Reconceiving Consent in Political and Legal Philosophy 5 Indigenous Peoples and Political Legitimacy / Margaret Moore 6 Consent, Legitimacy, and the Foundation of Political and Legal Authority / David Dyzenhaus 7 Consent or Contestation? / Duncan Ivison 8 Beyond Consent and Disagreement: Why Law s Authority is Not Just about Will / Andrée Boisselle Concluding Reflections 9 Consent, Hegemony, and Dissent in Treaty Negotiations / James Tully Index
Introduction 1 The Meanings of Consent / Jeremy Webber Part 1: The Challenges of Consent in Indigenous Contexts 2 Living Together: Gitksan Legal Reasoning as a Foundation for Consent / Val Napoleon 3 Thou Wilt Not Die of Hunger ... for I Bring Thee Merchandise : Consent, Intersocietal Normativity, and the Exchange of Food at York Factory, 1682-1763 / Janna Promislow 4 The Complexity of the Object of Consent: Some Australian Stories / Tim Rowse Part 2: Reconceiving Consent in Political and Legal Philosophy 5 Indigenous Peoples and Political Legitimacy / Margaret Moore 6 Consent, Legitimacy, and the Foundation of Political and Legal Authority / David Dyzenhaus 7 Consent or Contestation? / Duncan Ivison 8 Beyond Consent and Disagreement: Why Law s Authority is Not Just about Will / Andrée Boisselle Concluding Reflections 9 Consent, Hegemony, and Dissent in Treaty Negotiations / James Tully Index
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