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Distributed for University of British Columbia Press

Between Consenting Peoples

Political Community and the Meaning of Consent

Distributed for University of British Columbia Press

Between Consenting Peoples

Political Community and the Meaning of Consent

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.

280 pages


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

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