Tag Archives: legal theory

NIP & Not unrelated to the IFLS book club: Emily Snyder: Indigenous Feminist Legal Theory in the CJWL

Emily Snyder (previous IFLS post mentioning her here) has published “Indigenous Feminist Legal Theory” (2014) 26:2 Canadian Journal of Women and the Law 365.  Link is to Project MUSE.

Here is the abstract

This article considers the necessity of critical gender analyses of indigenous laws. “Gender neutral” approaches dominate in the field of indigenous law, ignoring the gendered realities of indigenous laws and also the gendered aspects of theorizing. There is a need to develop theoretical frameworks that explicitly address these problems, and, thus, in this article I articulate Indigenous feminist legal theory. This theory is an analytic tool for examining Indigenous laws as gendered. I build this theory by bringing three bodies of work together, which are presently speaking past one another—feminist legal theory, Indigenous feminist theory, and Indigenous legal theory. Indigenous feminist legal theory generates an intersectional, multi-juridical, anti-colonial, anti-essentialist reading of law that is crucial to a multitude of fields.