We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
INDIGENOUS RIGHTS AND CLAIMS FOR FREEDOM IN SETTLER STATES.
- Authors
Panagos, Dimitrios
- Abstract
Scholars such as Joyce Green and James Tully advance that Indigenous peoples, in settler states like Canada, are engaged in an ongoing, centuries-old struggle for freedom. Rights are an important instrument for securing and protecting freedom. However, a survey of the scholarship on freedom reveals a significant degree of contestation surrounding the nature and scope of this very basic human interest. In this paper, I examine three different conceptions of freedom with a view of assessing these conceptions' suitability as a cornerstone of Indigenous rights. Specifically, I analyze a liberal conception of freedom (i.e. Isaiah Berlin's work on negative liberty), a republican conception (i.e. Philip Pettit's work on liberty as non-domination) and an Indigenous conception (i.e. John Borrows' work on liberty as mobility). The purpose of this analysis is twofold. First, I aim to outline the types of rights and duties underpinned by each conception of freedom. Second, I aim to make the case that the liberal and republican conceptions are unsatisfactory, while Borrows' conception shows some genuine promise, assuming the goal is to advance a set of rights and duties that would be useful in the Indigenous struggle for freedom.
- Subjects
INDIGENOUS rights; GREEN, Joyce; TULLY, James; INDIGENOUS peoples; BERLIN, Isaiah, 1909-1997
- Publication
University of New Brunswick Law Journal, 2018, Vol 69, p305
- ISSN
0077-8141
- Publication type
Article