Normative dimensions of the right of Aboriginal self-government / by Patrick Macklem.: Z1-1991/1-41-176E-PDF

This paper describes and assesses five perspectives in support of the right of Aboriginal self-government: prior occupancy, prior sovereignty, treaties, self-determination, and preservation of minority culture. It cautions against sole reliance on positive law to justify recognition of the right of Aboriginal self-government, but recognizes the limitations of normative argument in the face of the contingency of social thought. The paper argues that each perspective expresses unique truths about the nature of Aboriginal rights, but that reliance on one perspective to the exclusion of others does not provide a full picture of the importance of Aboriginal rights in general and of a right of self-government in particular.

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