The lifeworlds of Law Reading Highlighted points.docx - The...

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The lifeworlds of Law Reading Highlighted points: - “lifeworld” “I mean the ontological, epistemological and cosmological framework through which the world appears to a people” (850) - “without having begun to internalize our lifeworld, one has no hope of understanding our law” 852. This is with respect to Anishinaabe lifeworld and law. - “if you don’t accept the sanctity of autonomous selves, you may understand every sentence of Canadas charter, but you’ll fail to derive its meaning.” 852 - “I had no idea that the concept of “rule of law”, taught to me as universally valid and morally unassailable, turns on an understanding of persons, community, and freedom situatied in time and place---an understanding which is genealogical, storied, and entirely wrapped up in culture” 852. This relates to the other reading, how through the shifts in liberalism, the notion of Rule of Law was utilized differently, and defined differently. - “I struggled to make sense of the words because the glue holding their assemblages together was the lifeworld of Canadian liberalism” 853 and on same page” Canadian law I was learning had a world beneath it, much less a liberal world. - “what we call law exists as such only within its own lifeworld” 854 Breaks down in 2 parts 1) canvas some recent indigenous work that insists on the need to situate the study of indigenous law within indigenous lifeworld 2) offers a simple sketch of what he refers to as “rooted” constitutional logic, which characterizes Anishinaabe lifeworld and thus their constitutional order. - “I contend that where the lifeworlds of the peoples to be brought into a pluralist arrangement are not only different but different in kind” 854, later goes on to say “unless we intentionally guard against doing so, when we bring indigenous law into Canadian legal education, legislation, or courts, we take it out of its own lifeworld and into another” 857 - “[Jeremby Webber] He establishes that all law, not just indigenous peoples legal system--- is a function of lifeworlds” without using the same term lifeworld. 855 - “begin my work with the understanding that all systems of law live within and are generated through particular worlds” 856 Dissertation broken down into two parts: 1) sets out theoretical framework. - Argues theres a structure of normative relationship through which lifeworlds condition what ultimately counts as law. - Distinguish between liberal and rooted lifeworlds and argue that each is generative of a distinct constitutional mode and thus ultimately of distinct liberal and rooted legalities. - Suggests that because of their genesis in the rooted constitutional mode, relationships across indigenous constitutional orders naturally take the form of a treaty.
2) Is a detailed exploration of how Anishinaabe lifeworld both empowers and constrains Anishinaabe conception of law.

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