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The Literary And Legal Genealogy Of Native American Dispossession

Author : George D Pappas
ISBN : 9781317282099
Genre : History
File Size : 58.34 MB
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The Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases, Johnson v. M’Intosh (1823), Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832), collectively known as the Marshall Trilogy, have formed the legal basis for the dispossession of indigenous populations throughout the Commonwealth. The Trilogy cases are usually approached as ‘pure’ legal judgments. This book maintains, however, that it was the literary and public discourses from the early sixteenth through to the early nineteenth centuries that established a discursive tradition which, in part, transformed the American Indians from owners to ‘mere occupants’ of their land. Exploring the literary genesis of Marshall’s judgments, George Pappas draws on the work of Michel Foucault, Edward Said and Homi Bhabha, to analyse how these formative U.S. Supreme Court rulings blurred the distinction between literature and law.
Category: History

Indigeneity Before And Beyond The Law

Author : Kathleen Birrell
ISBN : 9781317644804
Genre : Law
File Size : 69.95 MB
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Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the animation of indigeneities within textual imaginaries, both literary and juridical. Engaging the philosophy of Jacques Derrida and Walter Benjamin, as well as other continental philosophy and critical legal theory, the book uniquely addresses the troubled juxtaposition of law and justice in the context of Indigenous legal claims and literary expressions, discourses of rights and recognition, postcolonialism and resistance in settler nation states, and the mutually constitutive relation between law and literature. Ultimately, the book suggests no less than a literary revolution, and the reassertion of Indigenous Law. To date, the oppressive specificity with which Indigenous peoples have been defined in international and domestic law has not been subject to the scrutiny undertaken in this book. As an interdisciplinary engagement with a variety of scholarly approaches, this book will appeal to a broad variety of legal and humanist scholars concerned with the intersections between Indigenous peoples and law, including those engaged in critical legal studies and legal philosophy, sociolegal studies, human rights and native title law.
Category: Law

Indigenous Peoples As Subjects Of International Law

Author : Irene Watson
ISBN : 9781317240662
Genre : Law
File Size : 24.49 MB
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For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.
Category: Law

Louis Armstrong Duke Ellington And Miles Davis

Author : Aaron Lefkovitz
ISBN : 9781498567527
Genre : Music
File Size : 74.7 MB
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This book examines Louis Armstrong, Duke Ellington, and Miles Davis as distinctively global symbols of threatening and nonthreatening black masculinity. It centers them in debates over U.S. cultural exceptionalism, noting how they have been part of the definition of jazz as a jingoistic and exclusively American form of popular culture.
Category: Music

The New American Cyclopaedia

Author :
ISBN : NYPL:33433003238619
Genre : Encyclopedias and dictionaries
File Size : 29.3 MB
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Category: Encyclopedias and dictionaries

America History And Life

Author :
ISBN : UOM:39015065458351
Genre : Canada
File Size : 80.91 MB
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Provides historical coverage of the United States and Canada from prehistory to the present. Includes information abstracted from over 2,000 journals published worldwide.
Category: Canada

Writing Indian Nations

Author : Maureen Konkle
ISBN : 0807854921
Genre : Social Science
File Size : 41.34 MB
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In the early years of the republic, the United States government negotiated with Indian nations because it could not afford protracted wars politically, militarily, or economically. Maureen Konkle argues that by depending on treaties, which rest on the eq
Category: Social Science

Aiq American Indian Quarterly

Author :
ISBN : WISC:89058378340
Genre : Indians of Central America
File Size : 88.29 MB
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Category: Indians of Central America

Setting Instincts

Author : Yael Ben-zvi
ISBN : STANFORD:36105023747921
Genre : Social Science
File Size : 78.69 MB
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Category: Social Science