INCOMMENSURABLE LEGAL CULTURES: INDIGENOUS LEGAL TRADITIONS AND THE COLONIAL NARRATIVE
In this paper, the author argues that the non-Indigenous legal system has historically exerted and continues to exert violence on Indigenous legal traditions by insisting that its interpretation of law is authoritative and excluding alternative interpretations. Relying on Robert Cover’s theories, s...
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| Format: | Article |
| Language: | English |
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University of Windsor
2012-10-01
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| Series: | Windsor Yearbook of Access to Justice |
| Online Access: | https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4373 |
| Summary: | In this paper, the author argues that the non-Indigenous legal system has historically exerted and continues to exert violence on Indigenous legal traditions by insisting that its interpretation of law is authoritative and excluding alternative interpretations. Relying on Robert Cover’s theories, she asserts that both non-Indigenous and Indigenous legal traditions are based on mythology, narratives and particularized language which support the different normative values that characterize the cultures from which they arise. Non-Indigenous judges may refuse to exert violence by recognizing the value inherent in and accepting the incommensurability of Indigenous legal traditions.
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| ISSN: | 2561-5017 |