Master of Laws
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.
Glass, Matthew J., "Canada's Duty to Consult: Communicative Equality and the Norms of Legal Discourse" (2015). Electronic Thesis and Dissertation Repository. 2692.