Between Consenting Peoples

Political Community and the Meaning of Consent

Edited by Jeremy Webber & Colin M. Macleod
Categories: Political Science, International Relations, Law & Legal Studies, Law & Society, Indigenous Studies, Indigenous Peoples & Colonial Law, Canadian Political Science, Philosophy
Publisher: UBC Press
Hardcover : 9780774818834, 280 pages, October 2010
Paperback : 9780774818841, 280 pages, July 2011
Ebook (PDF) : 9780774818858, 280 pages, October 2010

Table of 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

By examining how consent serves as the foundation for political community, especially in relations between indigenous and nonindigenous peoples, this book seeks to draw perspectives from indigenous relations into the heart of political theory.

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. In Between Consenting Peoples, leading scholars in legal and political theory examine the different ways in which consent has been used to justify political communities and the authority of law, especially in indigenous-nonindigenous relations. They explore the kind of consent – the kind of attachment – that might ground political community and establish a fair relationship between indigenous and nonindigenous peoples.