Indigenous Courts, Self-Determination and Criminal Justice: 1st Edition (Hardback) book cover

Indigenous Courts, Self-Determination and Criminal Justice

1st Edition

By Valmaine Toki

Routledge

290 pages

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Hardback: 9780815375524
pub: 2018-03-13
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Description

In New Zealand, as well as in Australia, Canada and other comparable jurisdictions, Indigenous peoples comprise a significantly disproportionate percentage of the prison population. For example, Maori, who comprise 15% of New Zealand’s population, make up 50% of its prisoners. For Maori women, the figure is 60%. These statistics have, moreover, remained more or less the same for at least the past thirty years. With New Zealand as its focus, this book explores how the fact that Indigenous peoples are more likely than any other ethnic group to be apprehended, arrested, prosecuted, convicted and incarcerated, might be alleviated. Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions (including Australia, Canada, the United States of America), and also in the United Nations Declaration on the Rights of Indigenous Peoples, the book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior. More specifically, the book draws on contemporary notions of ‘therapeutic jurisprudence’ and ‘restorative justice’ in order to argue that such a court would offer an effective way to ameliorate the disproportionate incarceration of Indigenous peoples.

Table of Contents

1.Māori and Criminality 2. Māori and Tikanga3. Māori and Current Criminal Justice Initiatives 4. Constitutional Frameworks - The Treaty of Waitangi 5. Constitutional Frameworks - The United Nations Declaration on the Rights of Indigenous Peoples 6. Initiatives in Comparative Jurisdictions 7. Tikanga Maori and Therapeutic Jurisprudence 8. A New Vision

About the Author

Dr Valmaine Toki is an Associate Professor in Law based at the Faculty of Law University of Waikato, New Zealand. Dr Toki was the first New Zealander appointed an Expert Member of the United Nations Permanent Forum on Indigenous Issues.

About the Series

Indigenous Peoples and the Law

The colonial modalities which resulted in the pillaging of the ‘New World’ involved wholesale dispossession, genocidal violence and exploitation of their original inhabitants. It was not, however, until the latter part of the twentieth century that Indigenous peoples attained some degree of legal recognition. This book series focuses upon the manner in which Indigenous peoples’ experiences of law have been transformed from an oppressive system of denying rights to a site of contestation and the articulation of various forms of self-governance. Encouraging a range of theoretical, political and ethical perspectives on Indigenous peoples and the law, this book series aims to provide a comprehensive survey of the experience of Indigenous peoples and their changing relationship with national and international juridical frameworks.  

The series will include both monographs and edited collections pursuing variety a of perspectives – including, but not limited to, a concern with:

  • Law as a mechanism of power/knowledge: that is, the discursive and biopolitical strategies of Conquest, Settlement, and Empire – with a  particular interest in how the juridical was deployed to validate land appropriation in the ‘New World’ and European colonies. This might include consideration of the influence of the writings of Vattel, Blackstone, Sepulveda, Vittoria, las Casas and others in framing Indigenous populations and their lands as supposedly amenable to colonization.
  • The role of law in authorising oppression, dispossession and genocide in the colonial period, and how such juridical moments continue to shape relations between Indigenous peoples and the State. This might include consideration of: specific governmental policies and legislation that allowed for forced removal of Indigenous children; appropriation of Indigenous lands; the imposition of regimes of control through government reserves and missions; and/or the role of treaties in providing legal justification for the dispossession of Indigenous peoples.
  • Contemporary issues that confront Indigenous peoples in their dealings with law in the global present. This might include consideration of: disputes relating to resource extraction; access to justice and over-representation in the criminal justice system; cultural heritage and intellectual property claims; the recognition of Indigenous laws; land rights; the belated recognition of Indigenous rights in both ‘new’ constitutions and in international law; and/or sovereignty.

If you are interested in submitting a proposal for the series, please contact:

Mark Harris

The University of British Columbia

mark.harris@ubc.ca

or

Colin Perrin

Routledge

2 Park Square

Milton Park

Abingdon

Oxon

OX14 4RN

Colin.Perrin@informa.com

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW025000
LAW / Courts
LAW026000
LAW / Criminal Law / General
LAW110000
LAW / Indigenous Peoples
SOC002000
SOCIAL SCIENCE / Anthropology / General
SOC004000
SOCIAL SCIENCE / Criminology
SOC005000
SOCIAL SCIENCE / Customs & Traditions
SOC062000
SOCIAL SCIENCE / Indigenous Studies