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Drawing Out Law: A Spirit's Guide, by John Borrows
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The Anishinabek Nation's legal traditions are deeply embedded in many aspects of customary life. In Drawing Out Law, John Borrows (Kegedonce) skillfully juxtaposes Canadian legal policy and practice with the more broadly defined Anishinabek perception of law as it applies to community life, nature, and individuals.
This innovative work combines fictional and non-fictional elements in a series of connected short stories that symbolize different ways of Anishinabek engagement with the world. Drawing on oral traditions, pictographic scrolls, dreams, common law case analysis, and philosophical reflection, Borrows' narrative explores issues of pressing importance to the future of indigenous law and offers readers new ways to think about the direction of Canadian law.
Shedding light on Canadian law and policy as they relate to Indigenous peoples, Drawing Out Law illustrates past and present moral agency of Indigenous peoples and their approaches to the law and calls for the renewal of ancient Ojibway teaching in contemporary circumstances.
This is a major work by one of Canada's leading legal scholars, and an essential companion to Canada's Indigenous Constitution.
- Sales Rank: #2165434 in Books
- Brand: Brand: University of Toronto Press, Scholarly Publishing Division
- Published on: 2010-04-17
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x .68" w x 6.04" l, .90 pounds
- Binding: Paperback
- 272 pages
- Used Book in Good Condition
Review
‘Drawing Out Law is a book with wide appeal. It is accessible to those with little or no training in either Anishinabek or common law traditions… It will also be of interest to anyone who believes that there is room in law for whole people.’
(Heather Hoiness Saskatchewan Law Review, vol 76: 2013) Review
'Drawing Out Law is a thoughtful, moving, surprising, and highly original book—as much a work of literature as a study in Indigenous law. It is honest and insightful, funny and serious, tragic and hopeful, blending personal narrative with acute observations about the dilemmas facing many Indigenous peoples and individuals today. A profound symbolism is woven throughout the work, which gives it deeper layers of meaning that engage the emotions and resonate in the mind. There is nothing else quite like this terrific book.' (Brian Slattery, Osgoode Hall Law School, York University)
'In this creative and sophisticated work, John Borrows makes an "academic" type of argument in an Indigenous voice. Weaving together Anishinabek and Western European understandings of the meaning of law, Borrows pursues a unique vision, one that should lead to more fruitful and enlightening ways of thinking about and understanding the Aboriginal-Canadian legal and political relationship.' (Dale Turner, Department of Government, Dartmouth College)
About the Author
John Borrows is the Canada Research Chair in Indigenous Law in the Faculty of Law at the University of Victoria and is the winner of both the Canadian Political Science Association’s Donald Smiley Prize (for Recovering Canada) and the Canadian Law and Society Association Book Prize (for Canada’s Indigenous Constitution).
Most helpful customer reviews
1 of 1 people found the following review helpful.
I very much liked Drawing Out Law: A Spirit's Guide
By S. Marsh
In the 1970s I began working on a project involving narratives and heroquests [1]. It was more or less finished in 2004 [2]. Since I started law school in 1979, well after the project began, Drawing Out Law was a welcome perspective, blending as it does the themes of narratives and heroquests in connection with First Nations law.
It was interesting to see the blending of perspectives and the organic nature of the way ideas were presented, often without any prescriptive conclusions. I've been following the ethics writings of [...]Dr. De Mars, which stem from a First Nations perspective [3]. Doing the same with law seems natural.
Dome of the perspectives are though provoking, ones I would never have considered. For example, in a discussion of abortion, he draws an analogy between reproductive rights and the (re) development of tribal entities as mature(ing) life in the body of another nation. Throughout discussing the rights and interests, autonomy and perspective, Borrows refuses to engage in prescription, merely providing multiple reframings with a bottom line that more reframing from a First Nations perspective would be valuable.
The pattern of acknowledging multiple approaches, perspectives and frames, suggesting more in the context of soft bordered stories, but not prescribing a result, prescribing a frame or insisting on any perspective, is what marks the book. It invites thought rather than provides conclusions.
In reading the book it helps if the reader is able to accept Jared Diamond's core premises: (1) that those distant from us in time or culture are not "the other" and (2) regardless, it is wrong to abuse, exploit, exterminate or dominate other groups regardless of whether we consider them inferior or less organized than our reference or not. [4]
If you come to the book rejecting those two premises, you are probably not going to get very far.
The book does not go astray very often. [5] Over and over it presents attacks on the author or his discussions and meets them not with responses or answers, but with narratives and invitations to explore.
I was amazed to see the last chapter was titled after the Wendigo (Windigos in the book). Yet, he makes that work, in a heart touching way.
Recommended.
Read it. Then read [...]Kevin Worthen's essays again.[6]
[1] I eventually gave in and read [...]Campbell in the 1980s. I would suggest that he is more enjoyable if you do not know [...]the Ishtar cycle before you read him.
[2] [...]Arcane Lore, Heroquests and HeroquestingAugust 2004 [...] Issaries Press (now generally publishing under [...]Moon Publications).
[3] [...]
[4] Cf [...]Collapse, pages 9 and 10.
[5] I've just run across the trickster and dogs looking for their tales story too many times to appreciate it once more, though telling it twice (early in the book and then at page 215) made me smile.
[6] Such as [...]
1 of 1 people found the following review helpful.
Anishinabek teachings in a way you wouldn't expect
By M. R. Wilson
I am a clinical social worker and native person. This book walks in the two worlds of the dominant culture and the Anishinabek, by blending much of what those of the First Nations/Native perspective with that of Euro-American. In a very traditional manner, there are 4 areas being addressed by 4 illustrations for each - thus the 16 chapters. Perhaps of all the native written books, this one speaks so eloquently to the struggle of narrative/story and the cut and dried legalistic way of thinking.
Read this book with the curiosity of a child and your heart open. You may learn many things about yourself and others.
1 of 1 people found the following review helpful.
By the most prominent Aboriginal Law Scholar in Canada
By Dr. Jonathan Lang
I met John Borrows at a Conference in Seattle, WA years ago. Been a fan of his writing since then. Reading the skillful story Borrows tells in "Drawing Out Law" draws the reader into life of the indigenous. I loved his portrayal of the importance of relating dreams of the characters in the story. Contemporary society needs the perspective and grounded ecological understanding of Canada's First Nations.
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