JOURNAL ARTICLE

A Legal Decivilizing Process: Canada's Indigenous Policies and Legislation.

  • Published In: Historical Social Research, 2024, v. 49, n. 2. P. 87 1 of 3

  • Database: Sociology Source Ultimate 2 of 3

  • Authored By: Lacassagne, Aurélie 3 of 3

Abstract

The relationships between the Canadian state and the Indigenous peoples inhabiting Canada have been characterized by different forms of violence exercised by the state against First Peoples. But perhaps the most striking form of violence is legal violence, i.e., the engineering and imposition of various legal regimes used to violate Indigenous rights and eradicate these nations. Settler states have a rather unique formation, which lacks legitimacy, and whose sovereignties are contested. These peculiarities have compelled them to rely on a spectrum of legal instruments. Firstly, I will discuss the interconnections between law, violence, the state, and (de-)civilizing processes. I will argue that Norbert Elias's conception of violence needs to be amended to fully understand the extent of the violent make-up of the state as a political mode of organization. In a second part, I will return to the notion of cultural genocide and the debates around this concept. In the last part, I will explain how Canada is still perpetuating genocide against Indigenous peoples through various pieces of legislation and the use of courts. [ABSTRACT FROM AUTHOR]

Additional Information

  • Source:Historical Social Research. 2024/04, Vol. 49, Issue 2, p87
  • Document Type:Article
  • Subject Area:Politics and Government
  • Publication Date:2024
  • ISSN:0172-6404
  • DOI:10.12759/hsr.49.2024.14
  • Accession Number:177105302
  • Copyright Statement:Copyright of Historical Social Research is the property of GESIS - Leibniz-Institute for the Social Sciences and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Looking to go deeper into this topic? Look for more articles on EBSCOhost.