Degree
Master of Laws
Program
Law
Supervisor
Michael Coyle
Abstract
This thesis employs Juergen Habermas’s discourse theory of law to argue that 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, demonstrates their dovetailing with discursive norms found within the intersocietal communicative practices of at least selected indigenous legal orders, such as treaty-making, and argues for normative revisions of the duty to consult appropriate to Canada's intersocietal legal order.
Recommended Citation
Glass, Matthew J., "Canada's Duty to Consult: Communicative Equality and the Norms of Legal Discourse" (2015). Electronic Thesis and Dissertation Repository. 2692.
https://ir.lib.uwo.ca/etd/2692