« On settler orders; on Assimilating Seoul: Japanese Rule and the Politics of Public Space in Colonial Korea, 1910–1945, by Todd Henry (University of California Press, 2014)
On settler colonial music: Mickey Vallee, ‘Glenn Gould’s The Idea of North: The Cultural Politics of Benevolent Domination’, Topia: Canadian Journal of Cultural Studies, 32, 2014 »

On hierarchy and communication in setter orders: Matthew J. Glass, ‘Canada’s Duty to Consult: Communicative Equality and the Norms of Legal Discourse’, MA Dissertation, Universit y of Western Ontario, 2015

05Mar15

Abstract: This thesis employs Jürgen Habermas’s discourse theory of law to argue that the doctrine of Canada’s duty to consult with indigenous communities is based on extra-legal communicative presumptions that fail to reflect the basic norm of communicative equality. It derives a set of communicative norms from discourse theory and demonstrates their dovetailing with discursive norms found within the intersocietal communicative practices associated with treaty-making in at least selected indigenous legal orders, such as in the establishment of the Great Peace of Montréal (1701). Finally, after providing a critical analysis of the duty to consult’s key discursive elements (historical narrative, justification, reconciliation, and the “honour of the Crown”), it argues for normative revisions of the duty to consult more appropriate to Canada’s intersocietal legal order.


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