University of Toronto Press
A Reconciliation without Recollection?
About this book
Providing a clear, critical analysis of the history of Aboriginal law, A Reconciliation without Recollection? exposes the limitations of the current constitutional framework of reconciliation by following the lines of descent underlying the relationship between Crown and Aboriginal sovereignty.
Author / Editor information
Joshua Ben David Nichols is an assistant professor in the Faculty of Law at the University of Alberta.
Reviews
"In this book, Joshua Ben David Nichols investigates the idea of reconciliation through a brilliant exploration of its use and misuse in Canadian legal discourse. In eloquent and powerful terms, he argues that genuine reconciliation demands that we remember our shared histories and see in law redemptive possibilities based on the kind of intercultural dialogue and respect that shaped treaty relationships in the past. Nichols has made a truly significant contribution to the understanding of reconciliation in Canada today."
Sarah Morales, Faculty of Law, University of Victoria:
"One of the major strengths of A Reconciliation without Recollection? is that it highlights the interdisciplinary nature of Aboriginal law and its history in the Canadian legal context. As a result, it will appeal to a number of different academic audiences, such as those in law, history, political science, Indigenous studies, and philosophy."
Topics
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Frontmatter
i -
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Contents
vii -
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Foreword
xi -
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Foreword
xiii -
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Preface
xvii -
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Acknowledgments
xxix - A reconciliation without recollection?
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Introduction
3 -
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Part 1 Reconciliation without Recollection
36 -
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Part 2 A Genealogy of Reconciliation: Civilizing, Extinction, and Culturalism as the Discursive Foundations of the Indian Act
68 -
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Part 3 A Despotism for Dealing with Barbarians: A Survey of the Foundations of Indian Policy in Canada
110 -
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Part 4 A Law without Measure for a Land without Citizens: The Indian Act in Canadian Jurisprudence
180 -
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Part 5 An Era of Reconciliation, an Era of Indirect Rule: From the White Paper to the Full Box of Rights
280 -
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Select Bibliography
359 -
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Index
373