Jurisdiction and Settler Colonialism: Where Do Laws Meet?

@article{Pasternak2014JurisdictionAS,
  title={Jurisdiction and Settler Colonialism: Where Do Laws Meet?},
  author={Shiri Pasternak},
  journal={Canadian Journal of Law and Society / Revue Canadienne Droit et Soci\&\#x00E9;t\&\#x00E9;},
  year={2014},
  volume={29},
  pages={145 - 161}
}
  • S. Pasternak
  • Published 18 July 2014
  • Sociology
  • Canadian Journal of Law and Society / Revue Canadienne Droit et Société
Abstract To engage in the question of what it means to decolonize law, we must ask by what authority a law has the authority to be invoked and to govern. In this paper, I describe the conditions necessary for the exercise of Canadian law as being the work of jurisdiction, and I call into question Canada’s legality and legitimacy in making jurisdictional claims. Decolonizing law means deconstructing the state’s grounds to inaugurate law on lands acquired through colonial settlement. By… 

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