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Tribal Constitutionalism and Historic Claims: The Impact of Claims Settlement on Tribal Membership Governance in Australia and New Zealand

Kirsty Gover

in Tribal Constitutionalism: States, Tribes, and the Governance of Membership

In Australia and New Zealand, the official recognition of tribes occurs alongside the settlement of land claims. This chapter investigates the scope of tribal autonomy in membership governance in ... More

In Australia and New Zealand, the official recognition of tribes occurs alongside the settlement of land claims. This chapter investigates the scope of tribal autonomy in membership governance in Australia and New Zealand, based on the membership rules contained in institutions established to manage tribal rights to land and territory: New Zealand Treaty Settlement Entities (TSEs) and Australian Registered Native Title Bodies Corporate (PBCs). Claims settlement processes impact on tribal membership governance by requiring a legal definition of the class of beneficiaries, and by prescribing formal membership criteria. Thereafter tribes have the capacity (within certain limitations) to alter their membership criteria to exclude legal beneficiaries from tribal membership. The result is a distinction between the class of people entitled to benefit from a settlement or determination, and persons entitled, as a matter of tribal law and custom, to be recognized as members of the tribe. The categories are imperfectly aligned. This chapter examines the strategies used by tribes and states to overcome the resulting impasses.Less

Conclusion

Joshua Barkan

in Corporate Sovereignty: Law and Government under Capitalism

This chapter reveals the invisible, unrecognized, and repressed logics that govern the understanding of corporate power in the present. It begins by discussing the position of law in the history of ... More

This chapter reveals the invisible, unrecognized, and repressed logics that govern the understanding of corporate power in the present. It begins by discussing the position of law in the history of corporate sovereignty, followed by an analysis of the connection between the corporation’s powers and capitalist accumulation. As legal creations, law has been the primary mechanism for codifying corporate power in various iterations and for comprising a set of politico-legal arguments and concepts that transformed the religious image of the corporate body into the sacralized secular sovereign. The chapter concludes with suggestions on maintaining the corporation’s power to collectively improve life.Less

“Extravasat Blood”

Heather Miyano Kopelson

in Faithful Bodies: Performing Religion and Race in the Puritan Atlantic

This chapter explores the textual and corporeal performances of Adam Saffin, an African slave, and how he acted the part of a well-connected person wrongfully enslaved as well as that of a bellicose ... More

This chapter explores the textual and corporeal performances of Adam Saffin, an African slave, and how he acted the part of a well-connected person wrongfully enslaved as well as that of a bellicose man capable of physically defending his reputation against all comers. Adam's presence in Massachusetts courts and on the streets of Boston came at a time when the place of enslaved Africans and indentured Indians in New England was attracting attention from English officials and colonists. Adam challenged varying levels of puritan notions of bodily order and insisted on personal dignity backed by physical force. This chapter examines how English puritans categorized physical difference and related those categories to inner characteristics, both in individual and corporate bodies. It also considers the issue of spiritual freedom through conversion and physical slavery, and how enslaved and baptized individuals pushed for baptism as a way to gain freedom based on their membership in the body of Christ.Less

Committing with Others

Philip Pettit

in The Birth of Ethics: Reconstructing the Role and Nature of Morality

I will have the means of avowing the beliefs and desires of individual others as well as myself—and this, even if we are not organized in any way—insofar as I am authorized by them to do so or can ... More

I will have the means of avowing the beliefs and desires of individual others as well as myself—and this, even if we are not organized in any way—insofar as I am authorized by them to do so or can presume successfully on their later authorization: on their not raising an objection. Conversation progresses on the assumption of such co-avowal, as we each manifestly endorse an increasing set of common attitudes, enabling any one of us to presume on the authorization of others to speak for what we all believe or want. And so, the motive for conversation explains the motive for co-avowal. We can have the confidence to make this sort of co-avowal insofar as we can presume on the common availability of certain data and desiderata and on our having broadly common dispositions to respond to these. I may also co-avow or co-pledge the intentions of individual others as well as myself but only in special circumstances; and I may co-avow or co-pledge the special intentions I hold jointly with others, whether within or without corporate bodies. But despite the importance of joint intentions, the focus here will be on the co-avowal of beliefs and desires alone.Less

Appointment Of Directors

Martin Griffiths

in Company Directors: Duties, Liabilities, and Remedies

This chapter deals with directors who are formally appointed to the role (including cases where the formal process is defective). It does not consider de facto or shadow directors. It describes the ... More

This chapter deals with directors who are formally appointed to the role (including cases where the formal process is defective). It does not consider de facto or shadow directors. It describes the rules relating to the required numbers of directors, their eligibility for appointment, the appointment process, and the publicity rules relating to the appointment. Appointed directors may be either executive or non-executive directors. The relevant statutory provisions are now found in Part 10 of the Companies Act. The sections about the appointment of directors are ss 154–61. The sections about publicity, concerning the register of directors and directors’ residential addresses, are ss 162–7 and 240–6. Reference should also be made to the company’s own constitution. Less

Members’ Unfair Prejudice Claims and Winding-up Petitions

Georgina Peters

in Company Directors: Duties, Liabilities, and Remedies

This chapter is concerned with proceedings brought by members who have suffered or may suffer damage or prejudice to their shareholding arising out of the conduct of directors.