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Shadow NationsTribal Sovereignty and the Limits of Legal Pluralism$
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Bruce Duthu

Print publication date: 2013

Print ISBN-13: 9780199735860

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199735860.001.0001

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Pluralism and Liberalism: Testing the Limits of a Measured Separatism for Tribal Nations

Pluralism and Liberalism: Testing the Limits of a Measured Separatism for Tribal Nations

Chapter:
(p.44) Chapter 3 Pluralism and Liberalism: Testing the Limits of a Measured Separatism for Tribal Nations
Source:
Shadow Nations
Author(s):

N. Bruce Duthu

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199735860.003.0004

This chapter explores the writings of prominent scholars of liberal theory and Indigenous peoples - Moore, Ivison, Schouls (among others) - to highlight some of the conceptual challenges policymakers and jurists face in attempting to accommodate tribal rights to self-government within the liberal state. This study suggests that liberalism is capable of embracing the interests of tribal governments and their claims to self-determination while attending to the normative demands of the liberal state for protection of individual rights and interests.

Keywords:   liberalism, illiberalism, pluralism, Kymlicka, Moore, Ivison, Schouls, Alfred, Turner, Buchanan, Tierney, measured separatism, value pluralism, territorial sovereignty, complex mutual coexistence, capabilities approach, relational pluralism, context of choice, institutional design

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