Living Together Less Contentiously—The Jurisprudence of Reconciliation in the 1990s
‘Reconciliation’ emerged in the early 1990s as a new theme driving relations between aboriginal peoples and the settler-states of North America and Australasia. This was a theme that did not posit closure and finality in those relations, but signified a more conscious attempt within each settler-state to erect structures for the management of an ongoing relationship with its tribal peoples. Reconciliation could not be possible without recognition. Recognition entailed not only the conferral by the settler-state legal system of substantive aboriginal rights. For aboriginal peoples it also involved the acknowledgment by the settler-state of the impropriety of past conduct in breach of those rights. This chapter discusses a jurisprudence of reconciliation, reconciliation through claims settlement; and claims mechanisms in Canada, New Zealand, and Australia.
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