New Treaty, New Tradition
8 DECEMBER 2016
Winner, 2017 LSAANZ award for outstanding contribution to indigenous legal scholarship.
Winner, 2017 Ngā Kupu Ora Māori Book Award for non-fiction politics.
While Indigenous peoples face the challenges of self-determination in a postcolonial world, New Treaty, New Tradition provides a timely look at how the resolution of historical Treaty of Waitangi claims continues to shape the culture of all who are involved – Māori and government alike.
Legal cultures change in response to social and economic environments. Inevitably, the settlement of historical claims has affected issues of identity, rights, and resource management. Interweaving thoughtful analysis with Māori storytelling on legal themes, Carwyn Jones shows how the process for the settlement of historical claims can place limits on Indigenous law and authority. At the same time, the author reveals the enduring vitality of Māori legal traditions, making the case that genuine reconciliation can occur only when we recognize the importance of Indigenous traditions in the settlement process.
Drawing on examples from Canada and New Zealand, Jones illustrates how Western legal thought has shaped the claims process, deepening our understanding of the Treaty of Waitangi claims settlement process. As Indigenous self-determination plays out on the world stage, this nuanced reflection brings into focus prospects for the long-term success of reconciliation projects around the globe.