Appropriate representation of traditional ecological knowledge in the Western legal framework

• Main Author: Owen Walter Bettis
• Other Authors: Hankins, Don, Brady, Scott, Stemen, Mark
• Format: Master Thesis
• Language: English
• Published: California State University, Chico 2013
• Subjects: representation ecological knowledge wester legal framework; Canada; First Nations
• Online Access: http://hdl.handle.net/10211.3/10211.4_581

The transferability of law from western cultures to aboriginal cultures is explored through a discussion of epistemological differences, focusing on the traditional ecological knowledge of First Nations of Canada. Western cultures adhere to a scientific tradition of documentation and archiving knowledge, and First Nations adhere to an oral tradition to maintain their knowledge and history. The attempted assimilation of the aboriginal cultures into those of the west has been hotly resisted. To understand the issues surrounding this assimilation, a comparative law methodology was utilized that reveals incongruities between the cultures’ legal systems by directly analyzing transcriptions of western laws and aboriginal legal systems. A focus on land use and the implications of the geographical context of law was adhered to. The Delgamuukw court case worldviews were revealed. These clashes exemplify the non-transferability of British was analyzed to illustrate the comparison and numerous examples of clashing colonialera laws into aboriginal societies and serve as nexus points for developing a more accommodating future for aboriginal cultures.