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UBC Theses and Dissertations
The dispossession(s) of law : Indigenous peoples, Canada, and articulated jurisdictions Fabris, Michael Paul Christoph
Abstract
In this dissertation, I seek to answer: what are the limits to attempts by Indigenous peoples to articulate our own forms of law through the languages and institutions of settler law? I answer this question through a set of distinct but related case studies: the making of Treaty 7, Piikani challenges to the Oldman River Dam, and the theorization of Urban Indigeneity in Canadian cities. Building on existing works within Indigenous geographies, legal geography, and Indigenous legal studies, this dissertation explores how Indigenous law is operationalized in the face of past and present attempts at erasure on the part of the Canadian state. I thus seek to answer: what are the limits of decolonial manifestations of Indigenous law when expressed through Canadian and other settler forms of law? To do this, I draw from both contemporary discussions concerning Marx’s theory of primitive accumulation and the related ‘articulation’ debates of the 1970s. Instead of articulation between modes of production, however, I explore the relevance of these analytical tools to examine relationships between Indigenous and settler legal orders. I argue: In struggles against the capitalist reterritorialization of Indigenous places, it is through the assertions of competing legal jurisdictions that these struggles tend to find their most profound expression. Indigenous legal orders thus tend to exist in a complex unity with settler forms of law, whereby we often attempt to express our own laws through the language, institutions, and other forms of settler colonial law.
Item Metadata
Title |
The dispossession(s) of law : Indigenous peoples, Canada, and articulated jurisdictions
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Creator | |
Supervisor | |
Publisher |
University of British Columbia
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Date Issued |
2022
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Description |
In this dissertation, I seek to answer: what are the limits to attempts by Indigenous
peoples to articulate our own forms of law through the languages and institutions of settler law? I
answer this question through a set of distinct but related case studies: the making of Treaty 7,
Piikani challenges to the Oldman River Dam, and the theorization of Urban Indigeneity in
Canadian cities. Building on existing works within Indigenous geographies, legal geography, and
Indigenous legal studies, this dissertation explores how Indigenous law is operationalized in the
face of past and present attempts at erasure on the part of the Canadian state. I thus seek to
answer: what are the limits of decolonial manifestations of Indigenous law when expressed
through Canadian and other settler forms of law? To do this, I draw from both contemporary
discussions concerning Marx’s theory of primitive accumulation and the related ‘articulation’
debates of the 1970s. Instead of articulation between modes of production, however, I explore
the relevance of these analytical tools to examine relationships between Indigenous and settler
legal orders. I argue: In struggles against the capitalist reterritorialization of Indigenous places, it
is through the assertions of competing legal jurisdictions that these struggles tend to find their
most profound expression. Indigenous legal orders thus tend to exist in a complex unity with
settler forms of law, whereby we often attempt to express our own laws through the language,
institutions, and other forms of settler colonial law.
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Genre | |
Type | |
Language |
eng
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Date Available |
2022-11-24
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Provider |
Vancouver : University of British Columbia Library
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Rights |
Attribution-NonCommercial-NoDerivatives 4.0 International
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DOI |
10.14288/1.0422136
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URI | |
Degree | |
Program | |
Affiliation | |
Degree Grantor |
University of British Columbia
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Graduation Date |
2023-05
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Campus | |
Scholarly Level |
Graduate
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Rights URI | |
Aggregated Source Repository |
DSpace
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Rights
Attribution-NonCommercial-NoDerivatives 4.0 International