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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Main Author: Kajlich, Helena
Format: Thesis
Language:English
Published: 2003
Subjects:
Online Access:http://hdl.handle.net/2429/14379
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spelling ftunivbritcolcir:oai:circle.library.ubc.ca:2429/14379 2023-05-15T16:15:17+02:00 A critical engagement with Nancy Fraser’s theory of bivalent justice : implications for the BC Treaty Commission process Kajlich, Helena 2003 5088749 bytes application/pdf http://hdl.handle.net/2429/14379 eng eng For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use. Text Thesis/Dissertation 2003 ftunivbritcolcir 2019-10-15T17:51:08Z 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 inherent right, not as a right delegated from the federal and provincial government. There are, however, two other important challenges to the provincial government's mandate: first, from those First Nations who assert that the inherent right to self-government exists beyond the framework of the Canadian Constitution. The second challenge arises from an analysis of the trends of privatization. Such a critique exposes how the provincial government appropriates the objective of self-government for First Nations and represents it as being "municipal-like" in nature. Finally, I conclude that these discursive trends of privatization may expose an important limitation to Fraser's theory. That is, these discursive practices inhibit the implementation of transformative remedies that are crucial for working towards the type of justice Fraser proposes. Arts, Faculty of Political Science, Department of Graduate Thesis First Nations University of British Columbia: cIRcle - UBC's Information Repository
institution Open Polar
collection University of British Columbia: cIRcle - UBC's Information Repository
op_collection_id ftunivbritcolcir
language English
description 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 inherent right, not as a right delegated from the federal and provincial government. There are, however, two other important challenges to the provincial government's mandate: first, from those First Nations who assert that the inherent right to self-government exists beyond the framework of the Canadian Constitution. The second challenge arises from an analysis of the trends of privatization. Such a critique exposes how the provincial government appropriates the objective of self-government for First Nations and represents it as being "municipal-like" in nature. Finally, I conclude that these discursive trends of privatization may expose an important limitation to Fraser's theory. That is, these discursive practices inhibit the implementation of transformative remedies that are crucial for working towards the type of justice Fraser proposes. Arts, Faculty of Political Science, Department of Graduate
format Thesis
author Kajlich, Helena
spellingShingle Kajlich, Helena
A critical engagement with Nancy Fraser’s theory of bivalent justice : implications for the BC Treaty Commission process
author_facet Kajlich, Helena
author_sort Kajlich, Helena
title A critical engagement with Nancy Fraser’s theory of bivalent justice : implications for the BC Treaty Commission process
title_short A critical engagement with Nancy Fraser’s theory of bivalent justice : implications for the BC Treaty Commission process
title_full A critical engagement with Nancy Fraser’s theory of bivalent justice : implications for the BC Treaty Commission process
title_fullStr A critical engagement with Nancy Fraser’s theory of bivalent justice : implications for the BC Treaty Commission process
title_full_unstemmed A critical engagement with Nancy Fraser’s theory of bivalent justice : implications for the BC Treaty Commission process
title_sort critical engagement with nancy fraser’s theory of bivalent justice : implications for the bc treaty commission process
publishDate 2003
url http://hdl.handle.net/2429/14379
genre First Nations
genre_facet First Nations
op_rights For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.
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