Wahkohtowin
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Wahkohtowin
''Wahkohtowin'' is a Cree word which denotes the interconnected nature of relationships, communities, and natural systems. Its literal meaning is "kinship", but it is often used to refer to Cree law, or Cree codes of conduct. Etymology In the Cree language, ''nêhiyaw wiyasowêwina'' literally translates to "Cree laws", but law is almost invariably referred to as ''wahkohtowin'', which means "kinship", in reference to an individual's relationship with, and responsibilities within, the systems of which the individual is a part. As such, "''wahkohtowin''" is an imperfect translation of "law", because law in the pre-colonial Cree context does not refer solely to positivistic or formalistic rules. Rather, ''wahkohtowin'' is a set of obligations which flows from one's role within his or her community. Origins Understandings about ''wahkohtowin'' may have sacred origins, may come from positivistic rules, or may come from observations about the natural environment. Knowledge from thes ...
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Canadian Aboriginal Law
Canadian Aboriginal law is the body of law of Canada that concerns a variety of issues related to Indigenous peoples in Canada. Canadian Aboriginal Law is different from Canadian Indigenous law: In Canada, Indigenous Law refers to the legal traditions, customs, and practices of Indigenous peoples and groups. ''Aboriginal peoples'' as a collective noun is a specific term of art used in legal documents, including the ''Constitution Act, 1982'', and includes First Nations, Inuit and Métis people. Canadian Aboriginal law provides certain constitutionally recognized rights to land and traditional practices. Canadian Aboriginal Law enforces and interprets certain treaties between the Crown and Indigenous people, and manages much of their interaction. A major area of Aboriginal law involves the duty to consult and accommodate. Sources Aboriginal law Aboriginal law is based on a variety of written and unwritten legal sources. The Royal Proclamation of 1763 is the foundation docum ...
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Cree Language
Cree (also known as Cree– Montagnais–Naskapi) is a dialect continuum of Algonquian languages spoken by approximately 117,000 people across Canada, from the Northwest Territories to Alberta to Labrador. If considered one language, it is the aboriginal language with the highest number of speakers in Canada. The only region where Cree has any official status is in the Northwest Territories, alongside eight other aboriginal languages. There, Cree is spoken mainly in Fort Smith and Hay River. Names Endonyms are: * (Plains Cree) * (Woods Cree) * (Western Swampy Cree) * (Eastern Swampy Cree) * (Moose Cree) * (Southern East Cree) * (Northern East Cree) * (Atikamekw) * (Western Montagnais, Piyekwâkamî dialect) * (Western Montagnais, Betsiamites dialect) * (Eastern Montagnais) Origin and diffusion Cree is believed to have begun as a dialect of the Proto-Algonquian language spoken between 2,500 and 3,000 years ago in the original Algonquian homeland, an u ...
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Cree
The Cree ( cr, néhinaw, script=Latn, , etc.; french: link=no, Cri) are a Indigenous peoples of the Americas, North American Indigenous people. They live primarily in Canada, where they form one of the country's largest First Nations in Canada, First Nations. In Canada, over 350,000 people are Cree or have Cree ancestry. The major proportion of Cree in Canada live north and west of Lake Superior, in Ontario, Manitoba, Saskatchewan, Alberta and the Northwest Territories. About 27,000 live in Quebec. In the United States, Cree people historically lived from Lake Superior westward. Today, they live mostly in Montana, where they share the Rocky Boy Indian Reservation with Ojibwe (Chippewa) people. The documented westward migration over time has been strongly associated with their roles as traders and hunters in the North American fur trade. Sub-groups / Geography The Cree are generally divided into eight groups based on dialect and region. These divisions do not necessarily r ...
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Legal Positivism
Legal positivism (as understood in the Anglosphere) is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism provided the theoretical basis for such developments to occur. The most prominent legal positivist writer in English has been H. L. A. Hart, who, in 1958, found common usages of "positivism" as applied to law to include the contentions that: * laws are commands of human beings; * there is not any necessary relation between law and morality, that is, between law as it is and as it ought to be; * analysis (or study of the meaning) of legal concepts is worthwhile and is to be distinguished from history or sociology of law, as well as from criticism or appraisal of law, for example with regard to its moral value or to its social aims or functions; * a legal system is a closed, logical system in which ...
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Legal Formalism
Legal formalism is both a descriptive theory and a normative theory of how judges should decide cases. In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may underlie different cases. These principles, they claim, are straightforward and can be readily discovered by anyone with some legal expertise. The ultimate goal of that kind of formalism would be to describe the underlying principles in a single and determinate system that could be applied mechanically—from which the term "mechanical jurisprudence" comes. The antithesis of formalism is legal realism, which has been said to be " rhaps the most pervasive and accepted theory of how judges arrive at legal decisions." This descriptive conception of "legal formalism" can be extended to a normative theory, which holds that judges should decide cases by the appli ...
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Canadian Aboriginal And Indigenous Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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Legal Doctrines And Principles
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the '' de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions, particularly in England and Wales. Deve ... * Legal precedent * '' Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. ...
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Indigenous Law
Indigenous may refer to: *Indigenous peoples *Indigenous (ecology), presence in a region as the result of only natural processes, with no human intervention *Indigenous (band), an American blues-rock band *Indigenous (horse), a Hong Kong racehorse * ''Indigenous'' (film), Australian, 2016 See also *Disappeared indigenous women *Indigenous Australians *Indigenous language *Indigenous religion *Indigenous peoples in Canada *Native (other) Native may refer to: People * Jus soli, citizenship by right of birth * Indigenous peoples, peoples with a set of specific rights based on their historical ties to a particular territory ** Native Americans (other) In arts and enterta ...
* * {{disambiguation ...
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Customary Legal Systems
Custom, customary, or consuetudinary may refer to: Traditions, laws, and religion * Convention (norm), a set of agreed, stipulated or generally accepted rules, norms, standards or criteria, often taking the form of a custom * Norm (social), a rule that is socially enforced * Customary law or consuetudinary, laws and regulations established by common practice * Customary (liturgy) or consuetudinary, a Christian liturgical book describing the adaptation of rites and rules for a particular context * Custom (Catholic canon law), an unwritten law established by repeated practice * Customary international law, an aspect of international law involving the principle of custom * Mores * Tradition * Minhag (pl. minhagim), Jewish customs * ʿUrf (Arabic: العرف), the customs of a given society or culture Import-export * Customs, a tariff on imported or exported goods * Custom house Modification * Modding * Bespoke, anything commissioned to a particular specification * Custom car * Cus ...
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Kinship And Descent
In anthropology, kinship is the web of social relationships that form an important part of the lives of all humans in all societies, although its exact meanings even within this discipline are often debated. Anthropologist Robin Fox says that the study of kinship is the study of what humans do with these basic facts of lifemating, gestation, parenthood, socialization, siblingship etc. Human society is unique, he argues, in that we are "working with the same raw material as exists in the animal world, but ecan conceptualize and categorize it to serve social ends." These social ends include the socialization of children and the formation of basic economic, political and religious groups. Kinship can refer both to the patterns of social relationships themselves, or it can refer to the study of the patterns of social relationships in one or more human cultures (i.e. kinship studies). Over its history, anthropology has developed a number of related concepts and terms in the study ...
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Society By Ethnicity
A society is a group of individuals involved in persistent social interaction, or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Societies are characterized by patterns of relationships (social relations) between individuals who share a distinctive culture and institutions; a given society may be described as the sum total of such relationships among its constituent of members. In the social sciences, a larger society often exhibits stratification or dominance patterns in subgroups. Societies construct patterns of behavior by deeming certain actions or concepts as acceptable or unacceptable. These patterns of behavior within a given society are known as societal norms. Societies, and their norms, undergo gradual and perpetual changes. Insofar as it is collaborative, a society can enable its members to benefit in ways that would otherwise be difficult on an individual bas ...
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Cultural Conventions
Culture () is an umbrella term which encompasses the social behavior, institutions, and norms found in human societies, as well as the knowledge, beliefs, arts, laws, customs, capabilities, and habits of the individuals in these groups.Tylor, Edward. (1871). Primitive Culture. Vol 1. New York: J.P. Putnam's Son Culture is often originated from or attributed to a specific region or location. Humans acquire culture through the learning processes of enculturation and socialization, which is shown by the diversity of cultures across societies. A cultural norm codifies acceptable conduct in society; it serves as a guideline for behavior, dress, language, and demeanor in a situation, which serves as a template for expectations in a social group. Accepting only a monoculture in a social group can bear risks, just as a single species can wither in the face of environmental change, for lack of functional responses to the change. Thus in military culture, valor is counted a typical be ...
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