The Possibilities for Legally Pluralistic Planning: An Exploration of Haudenosaunee Planning Law

Abstract

This paper uses ideas of legal pluralism to explore how Indigenous law might coexist with and productively challenge non-Indigenous planning systems. We ground our arguments in an exploration of the planning principles embedded in Haudenosaunee law, comparing it to non-Indigenous notions of the public interest to identify points of allyship and incommensurability. Instead of using Indigenous planning principles to address the deficiencies of the public interest, we argue for a legally pluralistic approach that encourages ongoing interaction, while still respecting the sovereignty of Indigenous and non-Indigenous ways of articulating the role and purpose of planning.