More Than Soft Power

Abstract

AbstractIn this chapter we take the discussion of Indigenous Law further, by exploring the problematic notion of soft power and examining the epistemic logics and bad habits that have led to a perception of Indigenous Laws and knowledges as marginal, esoteric and mystical. It is argued that the positioning of Indigenous Law as an esoteric or subordinate alternative to contemporary white liberal democracy is a framing which substantiates a deep inequity between Indigenous and non-Indigenous peoples and communities.Problematising the interface at which Indigenous Laws meets western bureaucratic and legal habits is however only one part of this chapter. It is crucial to retain our focus on Indigenous Laws as they are lived and held by people within their own communal contexts. Hence the chapter importantly attends to the positioning on Indigenous Laws in contemporary life, placing an emphasis on the role of Law in supporting communities, amidst the changing conditions and contexts in which Law is emplaced. We explore the overarching applications of Indigenous Laws for Indigenous benefit.