Vulnerability, Sami identity, and the law

Abstract

This chapter sets out a comprehensive analysis of the legal frameworks of Norway, Sweden, and Finland in respect of the rights of the Sami people. The study includes a comparative analysis of the three Nordic States, taking into account their distinct juridical characteristics, as well as shared environmental threats due to their Arctic geography. The focus of the study is on identity through Martha Fineman’s theory, which enables an innovative and extensive study shedding new light into the ways in which Sami resilience can be protected and enhanced. This is an original perspective in the context of the rights of Indigenous people. By rooting their analysis in an Indigenous perspective, the chapter is able to extend a constructive critique to Fineman’s theory, adding substance to some of the more abstract elements of Fineman’s work. The analysis highlights in particular the need to ensure the preservation of collective identities of Indigenous peoples.