NS111 Lecture 11: Chapter 5: The Duty of Government: Fiduciary Responsibility and Treaties
22 Nov 2016
School
Department
Course
Professor
Document Summary
Chapter 5: the duty of government: fiduciary responsibility and treaties. Good faith and fair dealings requires parties to a contract or agreement to use good faith and fair dealings in its performance and its enforcement of the agreement. Why then do we find so many immoral and amoral actions (and inactions) over the years taken by the federal government with regard to aboriginal people and their treaties? (p. 90) The answer is, it is a compact formed between two nations or communities, having the right to self-government - worcester v. georgia. You would want to be treated as you treat others. Treaties were expedients by which ignorant, intractable, and savage people were induced without bloodshed to yield up what civilized people had the right to possess governor of. Treaties were not meant to be permanent documents. Supposed to be on the road to civilization.
