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Lecture 5

LAWS 2201 Lecture Notes - Lecture 5: Indian Act, First Nations, Henry James Sumner Maine


Department
Law
Course Code
LAWS 2201
Professor
Neil Sargent
Lecture
5

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LECTURE NOTES WEEK 5
COLLECTIVE IDENTITY AND PERSONHOOD
People to people/nation to nation
Relation between legal systems
How do di!erent legal systems view each other?
oAboriginal vs. European
oBreaking down distinctions in legal order
History of relationship between di!erent legal orders
oSeparate worlds, pre contract
oContact and cooperation
Mutual respect
Separate words
oDisplacement and assimilation
Authority everywhere
Legal displacement
1 set of rules
Where we are at right now
oRenegotiation and renewal
Complications arise when sharing legal space
1860 HENRY MAINE
Universal “law” of societal development
As societies progress they move from status/kinship basis to individual
contract basis
Status: group his primacy over individuals
Contract: individual has primacy over the group
Reserve system
Residential schools
oBest interest”
Indian Act
oFirst nations not having legal authority
oLegal dependents
BOLT AND LONG [1985] (PAGE 150)
Di!erent conceptions of the relationship between the individual and the state
Cosmocentric” legal order: view of relationship between individual and
collectivity
oReference point (unit of analysis)
oNot the individual but the whole
oInterconnectedness as a central feature of “being”
oSystem of obligations
o“Web of social relations”
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