Legal Pluralism

The focuUnited Stateslegal pluralisms of this chapter is legal pluralismIndigenous lawlegal pluralism—that is the existence of more than one legal system within a state. Recognition of Indigenous law is a key aspect of self-determinationLegal pluralismself-determination, element of, yet Australian governments have resisted claims that Indigenous law should be recognised as a source of law, despite the fact that multiple legal systems already exist inIndigenous lawAustralia AustraliaIndigenouspopulation in Australia as a consequence of federalismFederalism. The chapter examines various inquiries that have been held into the statusLegal pluralismAustralia, attitudes to of Indigenous law, noting the difference between recognition of relationships under Indigenous law as the functional equivalent of relationships under received law and true legal pluralism in terms of which Indigenous law would have authority by its own force. TheSouth AfricaIndigenous law chapter examinesUnited Stateshuman rights how legal pluralismLegal pluralismIndigenous law operates in theSovereigntyUnited States United StatesIndigenous lawUnited States, where tribal sovereignty survived colonisationLegal pluralismSouth Africa, and in South AfricaIndigenous lawSouth Africa where it did not but where IndigenousSovereigntySouth Africa law continued to be recognised during the colonial period and onwards. The chapter also discusses conflict of law rules that would need to be developed to govern cases where there were competing claims in relation to which legal system should apply. The chapter concludes by addressingSelf-determinationindigenous law and the interaction betweenRightsindigenous law and Indigenous law andLegal pluralismindigenous law and human rights, arguing that since Indigenous claims to self-determinationLegal pluralismself-determination, element of, which include the recognition of Indigenous law, are based on entitlements contained in international human rights documents, it follows that Indigenous law should be recognised subject to its consistency with the other rightsRightsself-determination, to protected by those documents.