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A Separate Peace: Strengthening Shared Justice.

Borrows, John
June 4, 2015

Source: (2004) In Catherine Bell and David Kahane, eds, Intercultural Dispute Resolution in Aboriginal Contexts. Vancouver: University of British Columbia Press. Pp. 343-363.

As the concluding chapter of this volume, I take up Jeremy Webber’s sharp observation as a starting point: “That indigenous dispute settlement should operate, in many ways, … through its own hybrid procedures, with only partial regard for non-indigenous legal institutions and authority.” I take this approach to more forcefully insert the significance of indigenous values into this book’s discussion of intercultural dispute resolution. As such, in these remarks I “argue for mechanisms of adjudication and adjustment that take fundamental account of indigenous justice systems. The independence of indigenous legal systems is, in fact, necessary for healthy intercultural relations. The existence of vibrant, innovative indigenous systems would generate greater contrasts and comparisons concerning appropriate paths to justice. As such, the promotion of multiple indigenous orders would build healthier interactive intercultural regimes. (excerpt).


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