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Vol 23 No 7 July/August 2018

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Indigenous Courts, Self-Determination and Criminal Justice


ISBN13: 9780815375524
Published: March 2018
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00



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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, Bolivia and Ecuador), 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.

Subjects:
Criminology, Law and Society
Contents:
1.Māori and Criminality
2. Māori and Tikanga
3. 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

Series: Indigenous Peoples and the Law

£105.00
Scales of Governance and Indigenous Peoples: New Rights or Same Old Wrongs? ISBN 9781138944480
To be published August 2018
Routledge
£85.00
£34.28 + £6.86 VAT
(ePub)
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The Literary and Legal Genealogy of Native American Dispossession ISBN 9781138481862
Published February 2018
Routledge
£36.99
Indigeneity: Before and Beyond the Law ISBN 9781138570375
Published October 2017
Routledge
£36.99
Indigenous Peoples as Subjects of International Law (eBook)
Edited by: Irene Watson
ISBN 9781317240655
Published July 2017
Routledge
£34.28 + £6.86 VAT
(ePub)
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Indigenous Peoples as Subjects of International Law
Edited by: Irene Watson
ISBN 9781138645158
Published July 2017
Routledge
£95.00
£34.28 + £6.86 VAT
(ePub)
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£88.99
Aboriginal Peoples, Colonialism and International Law: Raw Law ISBN 9781138685963
Published April 2016
Routledge
£39.99
Indigeneity: Before and Beyond the Law (eBook) ISBN 9781317644804
Published March 2016
Routledge
£31.71 + £6.34 VAT
(ePub)
Buy
Indigeneity: Before and Beyond the Law ISBN 9781138793323
Published March 2016
Routledge
£115.00
Aboriginal Peoples, Colonialism and International Law: Raw Law ISBN 9780415721752
Published October 2014
Routledge
£115.00
£32.56 + £6.51 VAT
(ePub)
Buy