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Bad Law: Rethinking Justice for a Postcolonial Canada
Paperback
Biographies GeneralNative American HistoryGeneral Law
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ISBN13: 9781771603348
Publisher: Rocky Mountain Books Incorporated
Published: Sep 10 2019
Pages: 280
Weight: 0.70
Height: 0.70 Width: 5.40 Depth: 8.40
Language: English
In Bad Law, Reilly revisits assumptions he once held as a judge and asks how Canadian legal institutions might change in a postcolonial society. Building on arguments developed in his earlier books, he focuses on the effects of adversarial and punitive justice and on what he learned from Indigenous communities during his legal career.
Reilly contrasts the dominant criminal-justice model with restorative approaches rooted in Indigenous legal and community traditions. He uses historical examples, legal cases and personal experience to argue for a system that places greater emphasis on repairing harm, restoring relationships and reducing the conditions that contribute to repeated offending. These are Reilly's arguments, presented from his perspective as a former jurist.
The book is suited to Indigenous law, restorative justice, Canadian politics, public policy and legal-reform collections. It is both a critique of existing institutions and an account of an individual judge changing his mind.
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