A critical engagement with Nancy Fraser’s theory of bivalent justice : implications for the BC Treaty Commission process ...

This thesis explores Nancy Fraser's reconceptualization of the relationship between claims for recognition and redistribution through an analysis of her theory of bivalent justice. Her framework is applied to the B C Treaty Commission process to assess its usefulness. This thesis also criticall...

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Bibliographic Details
Main Author: Kajlich, Helena
Format: Text
Language:English
Published: University of British Columbia 2009
Subjects:
Online Access:https://dx.doi.org/10.14288/1.0091101
https://doi.library.ubc.ca/10.14288/1.0091101
Description
Summary:This thesis explores Nancy Fraser's reconceptualization of the relationship between claims for recognition and redistribution through an analysis of her theory of bivalent justice. Her framework is applied to the B C Treaty Commission process to assess its usefulness. This thesis also critically engages with two of the provincial Liberal government's principles for negotiating treaties with First Nations: first, the provincial government refuses to negotiate compensation for the wrongful infringements of First Nations' rights and second, self-government is recognised as a form of local government with delegated powers. In applying Fraser's theory of bivalent justice, which includes the core normative principle of participation parity and a model of status subordination, it is evident that the provincial government's mandate is inconsistent with the type of justice Fraser envisages. Rather, not only should compensation be part of the treaty process, but also, self-government should be negotiated as an ...