During the past decades, indigenous peoples have started to demand their rights around the world, including Finland. The judicial perceptions of indigenous peoples often contradict national interests and ideologies. Globalization has weakened the status of the nation-state, which has forced Western legal systems to make room for legal pluralism. Hence, the status of indigenous peoples has also continuously evolved, says Jari Uimonen, a doctoral candidate about to defend his dissertation at the University of Lapland.
The study compares three types of unitary states – France, New Zealand, and Canada – and their legal systems in relation to the challenge of indigenous peoples. Uimonen refrains from the conventional approach of the functional method of comparative law that emphasizes similarities between the objects of comparison. He continues that this approach one-sidedly emphasizes the perspective of unitary states and legal positivism. Instead of focusing on Western thinking, the research is based on the diversity and pluralism of legal conceptions at the national level and in relation to smaller groups.
The methodological foundation of the dissertation is formed by the vertical, horizontal, and contextual approaches. The vertical approach relates to the various conceptions of time in social communities. Through the horizontal approach Uimonen analyzes the varied forms of judicial plurality and their relation to society. This is supported by international sources of law such as the ILO Convention No. 169.
Finally, the contextual approach addresses the relation of law to the surrounding reality: ethics, religion, history, geography, and culture. Law takes form in relation to surrounding social phenomena and developments.
Legal systems have evolved along similar paths
According to Jari Uimonen, the legal systems of the studied countries differ but their development has also been influenced by common international trends. The systems have evolved according to five similar and rather concurrent stages of development: (1) assimilation/isolation through relatively equal confrontation, (2) integration, (3) reconstruction of the legal status, and, finally, (4) the stage of urban pluralism, in which members of urbanized indigenous peoples partially separate from their traditional communities. The latter is currently leading to (5) new types of legal structures.
In all the cases studied by Uimonen the legal relations between an indigenous people and a state have developed toward an asymmetric and pluralistic model. At the moment, the process is in a standstill. Uimonen argues, however, that the many attempts to renew the system indicate a pressure to continue with the transformation process.
“Since it is not possible or sensible for most indigenous peoples to part with existing states, the trend is toward a more asymmetric connection or flexible pluralism in terms of states and legal systems”, says Uimonen.
Information on the public examination of the dissertation:
The dissertation
From Unitary State to Plural Asymmetric State: Indigenous Quest in France, New Zealand and Canada of Jari Uimonen, Lic.Th., M.Admin., M.A., will be publically examined in the Faculty of Law at the University of Lapland. The examination takes place on Friday 9 May 2014 at 12 noon in lecture room 2 (street address: Yliopistonkatu 8, Rovaniemi, Finland). The opponent will be Professor Jeremy Webber from the University of Victoria, Canada. Professor Jaakko Husa from the University of Lapland will act as the custos.
Information on the doctoral candidate:
Jari Uimonen was born in Pieksämäki in 1969 and graduated from the upper secondary school of the same town in 1988. In higher education Uimonen graduated as a Master of Philosophy in 1994, Master of Theology in 1995, and Licentiate in Theology in 2000 from the University of Helsinki and as a Master of Administrative Science (constitutional law) in 2009 from the University of Joensuu.
Uimonen has pursued his career as a church superior and administrator. In 2012–2013 he worked as a researcher in the Legal Cultures in Transnational World programme financed by the Academy of Finland. Uimonen has conducted research in North America, Europe, and New Zealand.
Further information:
Jari Uimonen
Tel. +358 50 531 0789
jari.uimonen (at) evl.fi
The press release copies of the dissertation are available at the Lapland University Press, tel. +358 40 821 4242, julkaisu (at) ulapland.fi
Information on the Publication:
Jari Uimonen:
From Unitary State to Plural Asymmetric State: Indigenous Quest in France, New Zealand and Canada. Acta Universitatis Lapponiensis 275. Acta Electronica Universitatis Lapponiensis 142. University of Lapland : Rovaniemi 2014. ISBN 978-952-484-718-6. ISSN 1793-6310.
Sale of the Publication:
Academic and Art Bookshop Tila (University of Lapland Library at Yliopistonkatu 8, Rovaniemi), tel. +358 40 821 4242, publications (at) ulapland.fi, ordering via the Internet:
www.ulapland.fi/lup
ULapland/Communications/TN