- Oct 2018
-
www.scholcommlab.ca www.scholcommlab.ca
-
irthing the next generation is said to give women particularspiritual connections and specific knowledge of how to relate to others
Again, I failed to consider spiritual significance in reinforcing harmful gender roles here.
-
patrilineal
meaning: "relating to, based on, or tracing ancestral descent through the paternal line".
-
matrilineal
meaning: "relating to, based on, or tracing ancestral descent through the maternal line"
-
no doubt thatcolonialism severely and negatively affected how Indigenous men andwomen related to one another
As a person with limited knowledge, I think it is crucial to reassert that colonial/European ideas of gender roles further compounded the difficulties Indigenous women may have experienced in their communities.
-
difficult and contentious work; it is alsourgen
I think back to our reading last week and the criticism of the author's idealistic voice when I read this. I interpreted that instance as serving a pat on the back for the author more than it did for the communities that the author helps.Then again, an overly pessimistic voice would not serve these issues correctly for its readers and may not encourage change. It is important for the authors to communicate their criticisms about an idealistic rhetoric simply because they may trap themselves into romanticizing the past.
-
our discussion is overwhelmingly focused onviolence as it falls along the gender binary-largely between cisgenderedwomen and men. As such, our discussion is only one part of a muchlarger discussion
I know this must be the fifth time I have commented this, but I truly appreciate this acknowledgement. I find that the authors are generally consistent in acknowledging the limitations of their work, and appreciate that they explained why their work does not focus too much on exploring violence outside of the gender binary as it could and should.
-
having responsibilities in relation to overturning the maledominance and privilege that exists on too many reserves.
The internal marginalization is a point that I know of, but is a little difficult for me to actually grasp as a cultural blockade that perpetuates violence against women. As anastasiask says below, "societal norms penetrate the law". Acknowledging that this communally perpetuated patriarchy affects women first is a great base to start with.
-
provide rich legal resources and information regardinglegal principles, processes, reasoning, and precedent.1
I am excited to see the authors unpack this.
-
adapted case method analysis
An adaptation of Western law method analysis to Indigenous law method analysis?
-
to drawlaw from stories
I am intrigued by this suggestion. From what I understand, this draws on Indigenous oral tradition and general storytelling. I am interested in how law will be drawn from these stories, but my current limited scope of understanding prevents me from defining what that looks like.
-
rhetoricabout gender, often deployed in the name of Indigenous law andempowerment, can also be interpreted and experienced as damaging
I am still a bit unclear whether this refers to a Western rhetoric of gender or an Indigenous rhetoric of gender.
-
peacemaking
It is important to acknowledge that it isn't restorative justice in the context of an article that is meant to acknowledge a victim's hurt. While there is value in restorative justice, it is far less than ideal in handling situations where a victim must participate in peacemaking situations with the culprit.
-
when communities and groups overly romanticize their ownhistoric experiences or fail to take account of their past weaknesses.
Excellent general point for analyzing the past.
-
Nevertheless, the past alsoincludes significant periods and instances of hostility, aggression, cruelty,abuse, and violence, particularly against women.
Again, I appreciate the authors' digression that in approaching gendered violence, they should be careful to parse through Indigenous history and be clear about how they present it. The emphasis on law (though not exclusively law, as mentioned earlier) to analyze and generate discussion as to shaping a better community is thoughtfully articulated. The frankness and detail that the authors' employs about how their work should be perceived is a big help for setting a realistic goal and scope for the readers.
-
it isperhaps necessary to talk in generalities when initiating a discussion
I like that so far, the authors have been very upfront about the assumptions they are making and the reason for framing their action plan this way. Their acknowledgement that this work parses through potentially inaccurate generalizations makes me feel more at ease.
-
if the past is regarded as perfect
This line makes me think of a phenomenon where generations tend to believe that things were "best" in the past ("the good ol days") and that younger generations are messing things up. I don't have specific research to point to off hand, but I recall hearing that this effect persists across ages - so it's not just one particular age or generation that believes theirs (or "ours/mine") is best
-
Indigenouswomen, regardless of their enactment of gender, have the right to safetyon the grounds of their humanity.
A right to safety, not because of being a woman, but because of being a person
-
experience economic violence, emotionalviolence, spiritual violence, and symbolic violence.
These are important reminders that "tools" or "methods" of violence do not have to be physical (either sexual or otherwise), and because of that, there are numerous ways the effects of violence can be presented, and also many ways the perpetration of violence can be hidden
-
all genders
I was waiting for the discussion to expand beyond a male/female binary. I am curious about how issues around gender non-conforming people fit into the legal framework the authors are hoping to co-construct.
-
These resources can beaccessed, inter alia, through precedent
I'm curious about whether state legal systems would call for these types of precedents to be codified somewhere and about how they might deal with the potential orality of some of these resources.
-
multitude of voices need to be included inthe discussions that are so important to the well-being of Indigenouslegal orders and the well-being of all citizens
I would have liked a discussion on whether indigenous women have been given the capacity of learning and knowing how to read indigenous laws. I would have also liked to seen a discussion on how these laws are implemented in practice, why implements them? Are/have women been involved?
-
Indigenous feminist legal methodology provides an analytic frameworkfor drawing out discussion about gender and power where it may haveotherwise remained hidden, naturalized, or framed by rhetoric. 1
This is important whenever we think about feminist perspectives, it isn't inherently about women rather the focus is on how gender is important
-
Even if another case brieflooks different from the one above, the method does prompt aconsideration about its lived implications and moves us beyondgeneralities related to Indigenous culture and traditions.
I think this discourse of learning how indigenous stories/culture can be applicable and help us understand contexts beyond indigeneity is important, especially if we want people to respect indigenous sovereignty and law
-
Used in this way, tradition denies thecomplexity of gendered legal realities and refuses room for examininghow today's sexism influences interpretations of past and presentIndigenous legal practices.
I agree with this point, however; I believe that our Canadian legal system also needs this introspection and reflection. Many feminist scholars would argue that our sexual harassment/assault laws do not address the realities of the ways people experience harassment/assault, and that it often works against the victim.
-
Theseresources are concealed if the past is regarded as perfect and the future istheorized as a return to such perfection through unmediated,spontaneous spiritual living.
I think we also need to understand why this 'perfect' discourse is perpetrated. Would it work in the favour of the indigenous groups if these complex realities came to light? Would people still respect indigenous sovereignty and culture as much, especially given the racism and marginalization they face(d)?
-
respect for the dignity and agency
Im waiting for them to operationalize this term... what does it mean to the authors?
-
Furthermore, matrilineal societies, and societies that strived toembrace gender fluidity, were condemned and forced to take upstructures based on the male/female binary wherein the male sidereceived privileges and were recognized as having the most valuedattributes.1
The 1869 Lands and Enfranchisement Acts is indicative of how this sexism was institutionalized:
-
process pluralism,
'Process pluralism' as defined in a UC Irvine paper:
"The idea of process pluralism, derived from the more general fields of conflict resolution and ‘alternative dispute resolution’ in legal contexts, is an essential part of transitional justice, where multiple processes may occur simultaneously or in sequence over time (e.g. truth and reconciliation processes, with or without amnesty, prosecutions, lustration and/or more local legal and communitarian processes), depending on both individual and collective preferences and resources"
-
Indigenous peoples have long applied their laws to issues concerninggendered violence.
This feels like an important acknowledgement — that it is not a novel idea to apply Indigenous practises to respond to issues concerning Indigenous people.
-
The world is complicatedand no one theory can capture the full range of insights needed topromote clear thinking and best practices related to violence againstwomen or any other challenge which Indigenous peoples encounter.
I think this may be the central point made in this article - the complexity is nicely illustrated by considering law scholarship generally (as a living and constantly negotiated field), indigenous law within and in relation to that framework, and the complexities within even one aspect of indigenous law.
-
For these reasons the story of the origin of the Wolf Crest isunsettling. It is unsettling because of the violence. It is also challengingbecause there is no straightforward solution to that violence.
The stories of violence towards indigenous women in 2018 are unsettling, and there is no straightforward solution that we can see. Using the old stories as a basis for discussion is an interesting way to look for alternatives.
-
and the majority of dialogue isfrom the males' perspectives
I think this is important. We never hear the woman's voice or explanations about the snakes and the tree, or about why she wants to kill her son.
-
Theirwork includes support for Indigenous self-determination that recognizesand affirms women's rights. 105 This knowledge and experience, and inparticular their poignant calls for structural change, must be heeded.o
I have had the privilege of knowing some powerful indigenous women, and have observed the changes in their communities that they have initiated and supported.
The work of these and other indigenous women can lead to better lives for people in those communities, and should be encouraged and supported.
-
The story above can also (connectedly) be read and briefed through alens of violence. This would shift our identification of the humanproblems to ask: What are the consequences of normalizing violence andenabling violent people (which in this case is the men)
I think this is a general challenge regarding the focus of state laws (which are what I am most familiar with), and the accompanying social / legal supports - there is an overemphasis on identifying and punishing violence and not enough on the factors that produce vulnerability.
I really appreciate that the first interpretation presented here focuses on the vulnerability aspect, and that it is a more holistic view of the structural, social and systemic pieces that contributed to producing vulnerability.
To me it seems related to the "human rights" that were presented in the legal codes earlier in the chapter. Maybe a simplified way of stating the difference could be that they are examples of a preventative rather than punitive focus?
-
ndigenous women are beaten, sexually assaulted, and killed inshockingly high numbers.1 5 They experience violence at rates three timeshigher than the general population of women.6
This and other work which can lead to positive changes in the way indigenous women are treated and how they value themselves is critical, and has to be a priority for social change in Canadian society.
-
engaging with legal scholarship andmethodologies "from an internal viewpoint does not refer to the legal scholar'sIndigenous descent or membership in a specific Indigenous community ... [riather,it refers to a specific type of legal scholarship": ibid at 29. This is similar to Snyder'sapproach to Indigenous feminist legal theory and methodology, which treats them asanalytic tools, rather than markers of identity per se.
This is an important point about methodologies of all types. Analytic frameworks can (hopefully) be used to think through something, not to get a prescribed outcome. And I like the next point here, too - that these tools will be taken up by persons who find them useful and meaningful in their own contexts.
-
We are writing this paper because there is a danger in viewing the"Indigenous" past as being non-violent and non-sexist.
In order to develop new ways to change the culture of violence, it is important to consider the realities of the past for guidance to the future.
-
Culture is a conceptthat is always deployed in the real world, where the forces of power,privilege, and hierarchy mingle and compete. In these circumstancesculture can be "hijacked" by those in authority to create or replicate amale-dominated status quo. In other words, culture can foster conditionsthat reproduce individual and institutional violence against women
I believe that we are seeing this happening in the U.S., with the recent appointment of Kavanaugh to the Supreme Court. Many American women are concerned, with significant justification, that the "conservative" Supreme Court will reverse many of the rights women have gained over the past 40 or so years.
-
All persons have the right to live free from violence, abuse, or harassment
I'm really intrigued by this view of rights that appears in different forms in several of the excerpts of legal codes presented here. The only other place I recall having seen this type of wording is in the UN convention on the rights of the child. I think it is such an important and fundamental difference in the way societies perceive what basic human rights (and justice) should be, and can shape the way one thinks about many different issues.
-
The above story is very uncomfortable,
Yes, it makes the wife look very disloyal.
-
On the path on which they had run,came rolling the head of the man' wife.
Haunting. The violence follows.
-
consider what itmeans to insist on valuing and taking up motherhood in apatriarchal context.
This is such an interesting point, relevant to all patriarchal contexts.
-
The need for such questions extends to instances ofevoking "the sacred", particularly when the sacred is placed beyondhuman challenge and understanding. While we believe much can beconsidered sacred in the world, we do not believe this label should shieldjustifications for gendered violence and the subordination of womenagainst human inquiry and interrogation. In relation to the rhetoric ofmotherhood, we ask: Who and what do these discourses serve?
Interesting how "the sacred" (or spirituality or religion) can be used to promote and support oppressive discourses across so many different contexts.
-
Retrospectivelyanchored "originalist" interpretations of law should be resisted in anIndigenous context because of their tendency to freeze and romanticizethe past.1
There are so many layers and possibilities for understanding presented here! I feel like the last few pages began to build a complex, multidimensional framework for understanding. Then, this sentence shows the danger of deflating such potential by "freezing and romanticizing the past," rather than seeing culture / law / the past as a living and dynamic process.
-
The name Yalek and the associated crests and songs will beperformed at all the pole-raising feasts and so will always be areminder about vulnerability and abusing power tocontrol others.
That's important context!
-
The young woman is assisted and healed by Loon Woman
Women supporting women.
-
slave woman is killed by the wolves,
She saved the young woman, making her a hero. But, she is also a casualty of the violence and the culture.
-
The main elements of the case brief are: (1) What arethe relevant facts of the story? (2) What is the main human problem thatthe story focuses on? (3) What is decided about the problem or how isthis problem resolved? (4) What is the reason behind the decision (saidand/or unsaid)-is there an explanation in the story?
Case brief analysis criteria - I can see how this is used in law.
-
e seek to re-embed stories (i.e. cases) in a fullercontext.
A reverse case-method analysis?
-
The young woman was pregnant and she gave birth to a child thatresembled a wolf-he had a pointed nose and a small tail
I'm not sure what to make of this. That she forever bears the experience she endured with the wolves?
-
The sun crest and its songs wouldbelong to her and her children, generation after generation.
I am picking up a lot of imagery and symbolism in this story. The young women wears a sun crest, the sun will rise again, she will overcome.
-
the women madeplans to escape
Resilience.
-
The prince once loved us just as heloves you now, but he discarded us and now we are slaves. When he hears ofsome other woman, he will throw you away too."
The term, 'disposability' comes to mind.
-
But their legs were covered in sores from theextreme cold and burns from the fire. One of the slaves took pity on theyoung woman, "Don't you know the man you are married to is a wolf
Gender-based violence in Indigenous oral traditions.
-
Indigenous feminist legal analysis.
Second methodology.
-
adapted case method.
First methodology.
-
discussions of culture should never bedisconnected from concerns about power; culture can be a source for theabuse of power, as much as it can be a force for liberation
Yes! This is an important, and not infrequently forgotten, aspect of the discussion.
-
shift to specificity
I think this is an important shift in a lot of discussions and/or research - not only about culture. But yes, very relevant here. Probably good to remember in a lot of situations that "generalization" is not only a contrast to "specificity," but also to "nuance."
-
developed detailed policy proposalsand practical models for dealing with violence against women."
This seems important! This community has developed policy recommendations - they should be considered by policymakers since they are the ones who are most affected.
A common theme I'm seeing in public policy - the lack of proposals integrating community input.
-
At the same time, Indigenous women have demonstrated greatresilience and leadership in bringing issues of violence more fully into thepublic spotlight."
Resilience indeed.
-
efforts are woefully inadequate in addressing broader issues of violencewithin Indigenous communities." There has been no sustainedconstitutional innovation dealing with Indigenous justice issues despitenumerous reports recommending greater Indigenous control of justiceunder section 35(1) of the Constitution Act, 1982."
Wow. The problem is identified, but very limited legal solutions available.
-
n the United States, Indigenous legal powers and principles havebeen officially recognized and activated by both tribal and nationalgovernments in an attempt to respond to internal and external violenceagainst Indigenous women.
This would be an interesting comparative study - how has this impacted gender-based violence in U.S. Indigenous communities?
-
Gendered violence will not effortlessly disappear if colonialism isfully addressed. Indigenous men do not harm Indigenous women justbecause of colonialism.
Although gender-based violence disproportionately affects Indigenous women, it's too simplistic to say that this is just because of colonialism.
-
decolonization must be gendered;
Undertaken from a perspective that acknowledges the different experiences of gender. A gender-based analysis into how gender relations impacted the development of colonization.
-
Deer asserts that "[riesisting rape means resisting colonization."72 Herperspective importantly points to the use of sexual violence as a tool ofcolonization; however, if taken out of context, it also dangerously impliesthat gendered violence is only colonial and that Indigenous histories arepure and non-violent.
Very true, when I read Deer's statement I was initially taken aback, awash of it's implications.
-
we believe that as a historicalstatement this elder's view is simply wrong;
"simply wrong" - Perhaps. It should certainly be critically considered, it's could be that elder's experience and what she believes.
-
we advocate against understandingIndigenous legal traditions and Indigenous peoples as being frozen inhistory.
That's right - legal traditions are dynamic, they must be considered in context.
-
As noted, one of the more powerful discourses that is deployed inconversations about gender is the assertion that Indigenous societies had(and some argue, still have") perfectly balanced gender roles prior tocontact.? The notion here is that Indigenous women and men each hadtheir roles, and that these were equally valued, and they werecomplementary.
Moving to critique rhetoric, they confront this assertion.
-
Indigenous feminist legal theory
This is my first encounter with 'Indigenous feminist legal theory' - it's an interesting perspective of analysis!
-
all gendered discoursesshould be engaged with, discussed, and re-evaluated if they areoppressive.
Part of the authors' framework? This is how we will acknowledge violence against Indigenous women in the law? Whoever is interpreting these discourses has their work cut out for them.
-
Indigenous laws needto be understood as gendered.3 Indigenous law, like all other forms oflaw, is not neutral; rather, it is heavily influenced by dominant socialnorms.
I know that this seems straight forward, but it kind of hit me when I read it. Of course societal norms penetrate the law, it's important to recognize this.
-
Violence against women, though oftenexperienced in interpersonal relationships, is connected to larger socialstructures of inequality within any society.
Social determinants of violence: societal inequalities. How do policymakers and lawmakers reconcile these upstream, root causes?
-
racism,colonialism, sexism, and patriarchy, for example, are allinterconnected forms of violence that support one another.?
They support one another and they compound each other. It's difficult to separate the influences of one from another.
-
Indigenous legal subjectshave different lived realities because of their gender.
And their race, but this is implicit.
-
Indigenous laws need to be able to challenge violence against Indigenouswomen in all its forms-from physical violence to degrading stereotypes.
A tall order, Indigenous Law needs to be able to recognize a lot of complexities from history and representations.
It argues that the law can't be unbiased, it has to consider the prevalence of violence against Indigenous women.
-
spiritual violence, and symbolic violence.
I haven't considered these aspects of violence before. Attacks on culture, on spiritual health, on Indigeneity.
-
engaging with stories.
A possible limitation of the study?
-
We consider differentways that Indigenous people have attempted to address violence againstwomen using state law and modern Indigenous law,
I'm interested to see this comparison - how each stack up.
-
recognizing the prevalence of violence against women
Recognize in the law that disparities exist, and Indigenous women disproportionately are the victims of violence when compared to other populations.
-
we are mindful of theimportant critiques of using restorative justice processes to respond toviolence against women.1
An important caveat, victims have to restore their own lives after violence. I have a hard time understanding how victims and persecutors are supposed to work together for restoration after a violent act.
-
Indigenous law does not mean the same thing as responding withrestorative justice.
I'm glad that they acknowledge this. It provides clarity for us novices with limited background on the subject!
-
different systems to operate in harmony
Are they offering a framework for Indigenous law? Suggesting each Indigenous legal system could be different, group to group, and fit in with colonial legal systems.
-
There was gendered violence in Indigenous societies historically andsometimes it was very significant.
As a history student, I have found that these narratives are often excluded in the framing of Indigenous histories.
These histories are complex, it shouldn't be generalized. Also, when gendered violence is absent in the dominant narrative, it means the mechanisms that were used to deal with issues like violence are also omitted.
-
How might we begin thinkingabout violence against Indigenous women through the frame ofIndigenous law? Can Indigenous legal traditions-including stories asprecedent-and legal processes help us advance this work? What can acritical gendered approach to Indigenous laws offer to this discussion?
Research question.
-
Indigenous laws flow from Indigenous cultures as a contextuallyspecific set of ideas and practices aimed at generating the conditions forgreater peace and order.
My understanding is that indigenous cultures are diverse, so could it be the case that law customs are also diverse and vary from group to group?
-
We must move from focusing on general claims of culture toconsidering which specific aspects of Indigenous legal traditions can bedeployed to more effectively address this problem.'
Move from general claims about culture, to specific solutions.
-
What we consider here are some shifts in focus and somedifferent perspectives to determine what can be added to the presentdiscussions about violence against Indigenous women.
Dismisses the assumption that Indigenous cultures were not violent, offers a different perspective about the roots of violence against Indigenous women.
-
Yet evensuch diversity and careful attention to gendered violence within eachsystem would not lead to a perfect world.
This is why an intersectional approach with these issues is crucial. Often gendered violence is linked to axes such as socioeconomic status, education, and race.
-
invisible if we narrate the past as if it were free from violence
Such an important point
-
the story of the origin of the wolf clan serves to showthat vulnerability and violence are unacceptable,
Does it actually show this?
-
engaging with stories also opens up space for variousinterpretations
So interesting. I feel like we tend to think of law as doing the opposite: offering a single, "just" interpretation of a given situation.
-
Law should never be the only system discussed or appliedin dealing with violence against women.
Yes! This is such an important point. Laying down a sentence isn't enough. We also need initiatives—both short term and long term—dedicated to helping women heal, cope, and even just survive in the aftermath of the violence they've experienced, as well as preventative measures.
What other "systems" should be applied?
-
inter alia
among other things
-
we believe that laws in all societies change overtime and there is a need to be contextually specific in how they aretheorized, taught, and practised.
There seems to be this tendency to view Indigenous beliefs, practices, and systems as traditional and static, rather than contemporary, dynamic, and flexible.
-