INCOMMENSURABLE LEGAL CULTURES: INDIGENOUS LEGAL TRADITIONS AND THE COLONIAL NARRATIVE

INCOMMENSURABLE LEGAL CULTURES: INDIGENOUS LEGAL TRADITIONS AND THE COLONIAL NARRATIVE

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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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Main Author: Kirsten Manley-Casimir
Format: Article
Language:English
Published: University of Windsor 2012-10-01
Series:Windsor Yearbook of Access to Justice
Online Access:https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4373
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spelling doaj-013b763c87b24727b7ce0f83cc21fc882020-11-25T01:43:18ZengUniversity of WindsorWindsor Yearbook of Access to Justice2561-50172012-10-0130210.22329/wyaj.v30i2.4373INCOMMENSURABLE LEGAL CULTURES: INDIGENOUS LEGAL TRADITIONS AND THE COLONIAL NARRATIVEKirsten Manley-Casimir0PhD Candidate, University of British Columbia Law School; Grants Officer at the Law Foundation of Ontario 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. https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4373
collection DOAJ
language English
format Article
sources DOAJ
author Kirsten Manley-Casimir
spellingShingle Kirsten Manley-Casimir
INCOMMENSURABLE LEGAL CULTURES: INDIGENOUS LEGAL TRADITIONS AND THE COLONIAL NARRATIVE
Windsor Yearbook of Access to Justice
author_facet Kirsten Manley-Casimir
author_sort Kirsten Manley-Casimir
title INCOMMENSURABLE LEGAL CULTURES: INDIGENOUS LEGAL TRADITIONS AND THE COLONIAL NARRATIVE
title_short INCOMMENSURABLE LEGAL CULTURES: INDIGENOUS LEGAL TRADITIONS AND THE COLONIAL NARRATIVE
title_full INCOMMENSURABLE LEGAL CULTURES: INDIGENOUS LEGAL TRADITIONS AND THE COLONIAL NARRATIVE
title_fullStr INCOMMENSURABLE LEGAL CULTURES: INDIGENOUS LEGAL TRADITIONS AND THE COLONIAL NARRATIVE
title_full_unstemmed INCOMMENSURABLE LEGAL CULTURES: INDIGENOUS LEGAL TRADITIONS AND THE COLONIAL NARRATIVE
title_sort incommensurable legal cultures: indigenous legal traditions and the colonial narrative
publisher University of Windsor
series Windsor Yearbook of Access to Justice
issn 2561-5017
publishDate 2012-10-01
description 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.
url https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4373
work_keys_str_mv AT kirstenmanleycasimir incommensurablelegalculturesindigenouslegaltraditionsandthecolonialnarrative
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