Full Description
Consent has long been used to establish the legitimacy of society. But when one asks - who consented? how? to what type of community? - consent becomes very elusive, more myth than reality. This is particularly true when focusing on the relationship between indigenous and nonindigenous peoples.
In Between Consenting Peoples, leading scholars in legal and political theory look at the various meanings that have been attached to consent as the foundation for political community and law, especially in indigenous contexts. From historical examples to political and legal theory, the authors examine the language of consent and how consent has ordered indigenous societies and shaped their relationships with governments. They also explore the kind of consent - the kind of attachment - that might ground political community and establish a fair relationship between indigenous and nonindigenous peoples. In doing so, they draw perspectives from indigenous relations into the heart of political theory.
Contents
Introduction
1 The Meanings of Consent / Jeremy Webber
Part 1: The Challenges of Consent in Indigenous Contexts
2 Living Together: Gitksan Legal Reasoning as a Foundation for Consent / Val Napoleon
3 "Thou Wilt Not Die of Hunger ... for I Bring Thee Merchandise": Consent, Intersocietal Normativity, and the Exchange of Food at York Factory, 1682-1763 / Janna Promislow
4 The Complexity of the Object of Consent: Some Australian Stories / Tim Rowse
Part 2: Reconceiving Consent in Political and Legal Philosophy
5 Indigenous Peoples and Political Legitimacy / Margaret Moore
6 Consent, Legitimacy, and the Foundation of Political and Legal Authority / David Dyzenhaus
7 Consent or Contestation? / Duncan Ivison
8 Beyond Consent and Disagreement: Why Law's Authority is Not Just about Will / Andrée Boisselle
Concluding Reflections
9 Consent, Hegemony, and Dissent in Treaty Negotiations / James Tully
Index
