Sunday, January 8, 2012

Constitution Anthropological?

Not a bad idea, but I think you will run into trouble by accepting a new and relatively untested standard of law. The question will devolve into a validation of the new standard's appropriateness. Having said that, there are precedents in Canadian law. Early in BC history, a judge actually ruled that a northern First Nations very competent to investigate and prosecute crimes among their own people. That case was not permitted to stand alone as such, but it was definitely noted. So The problem is going to be the notion that laws should vary according to the cultural group you are representing. That will not work, but on a philosophical level, it is entirely appropriate that First Nations philosophies should influence Western Jurisprudence.

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