A guide to the colonization and projected decolonization of Native America
In The Colonial Construction of Indian Country, Eric Cheyfitz mounts a pointed historical critique of colonialism through careful analysis of the dialogue between Native American literatures and federal Indian law. Illuminating how these literatures indict colonial practices, he argues that if the decolonization of Indian country is to be achieved, then federal Indian law must be erased and replaced with independent Native nation sovereignty—because subordinate sovereignty, the historical regime, is not sovereignty at all.
At the same time, Cheyfitz argues that Native American literatures, specifically U.S. American Indian literatures, cannot be fully understood without a knowledge of U.S. federal Indian law: the matrix of colonialism in Indian country. Providing intersectional readings of a range of literary and legal texts, he discusses such authors as Louise Erdrich, Frances Washburn, James Welch, Gerald Vizenor, Simon Ortiz, Leslie Marmon Silko, and others. Cheyfitz examines how American Indian writers and critics have responded to the impact of law on Native life, revealing recent trends in Native writing that build upon traditional modes of storytelling and governance.
With a focus on resistance to the colonial regime of federal Indian law, The Colonial Construction of Indian Country not only elucidates how Native American literatures and federal Indian law are each crucial to any reading of the other, it also guides readers to better understand the genocidal assault on Indigenous peoples by Western structures of literacy, politics, and law.
On 13 August 1990 members of the Mille Lacs Band of Ojibwe filed a lawsuit against the State of Minnesota for interfering with the hunting, fishing, and gathering rights that had been guaranteed to them in an 1837 treaty with the United States. In order to interpret the treaty the courts had to consider historical circumstances, the intentions of the parties, and the treaty's implementation. The Mille Lacs Band faced a mammoth challenge. How does one argue the Native side of the case when all historical documentation was written by non- Natives? The Mille Lacs selected six scholars to testify for them. Published here for the first time, Charles Cleland, James McClurken, Helen Tanner, John Nichols, Thomas Lund, and Bruce White discuss the circumstances under which the treaty was written, the personalities involved in the negotiations and the legal rhetoric of the times, as well as analyze related legal conflicts between Natives and non- Natives. Justice Sandra Day O'Connor delivered the 1999 Opinion of the [United States Supreme] Court.
Western Political Science Association's Clay Morgan Award for Best Book in Environmental Political Theory
Canadian Studies Network Prize for the Best Book in Canadian Studies
Nominated for Best First Book Award at NAISA
Honorable Mention: Association for Political and Legal Anthropology Book Prize
Since Justin Trudeau’s election in 2015, Canada has been hailed internationally as embarking on a truly progressive, post-postcolonial era—including an improved relationship between the state and its Indigenous peoples. Shiri Pasternak corrects this misconception, showing that colonialism is very much alive in Canada. From the perspective of Indigenous law and jurisdiction, she tells the story of the Algonquins of Barriere Lake, in western Quebec, and their tireless resistance to federal land claims policy.
Grounded Authority chronicles the band’s ongoing attempts to restore full governance over its lands and natural resources through an agreement signed by settler governments almost three decades ago—an agreement the state refuses to fully implement. Pasternak argues that the state’s aversion to recognizing Algonquin jurisdiction stems from its goal of perfecting its sovereignty by replacing the inherent jurisdiction of Indigenous peoples with its own, delegated authority. From police brutality and fabricated sexual abuse cases to an intervention into and overthrow of a customary government, Pasternak provides a compelling, richly detailed account of rarely documented coercive mechanisms employed to force Indigenous communities into compliance with federal policy.
A rigorous account of the incredible struggle fought by the Algonquins to maintain responsibility over their territory, Grounded Authority provides a powerful alternative model to one nation’s land claims policy and a vital contribution to current debates in the study of colonialism and Indigenous peoples in North America and globally.
The indigenous Bedouin Arab population in the Naqab/Negev desert in Israel has experienced a history of displacement, intense political conflict, and cultural disruption, along with recent rapid modernization, forced urbanization, and migration. This volume of essays highlights international, national, and comparative law perspectives and explores the legal and human rights dimensions of land, planning, and housing issues, as well as the economic, social, and cultural rights of indigenous peoples. Within this context, the essays examine the various dimensions of the “negotiations” between the Bedouin Arab population and the State of Israel.
Indigenous (In)Justice locates the discussion of the Naqab/Negev question within the broader Israeli-Palestinian conflict and within key international debates among legal scholars and human rights advocates, including the application of the Declaration on the Rights of Indigenous Peoples, the formalization of traditional property rights, and the utility of restorative and reparative justice approaches. Leading international scholars and professionals, including the current United Nations Special Rapporteur on Violence against Women and the former United Nations Special Rapporteur on the Rights of Indigenous Peoples, are among the contributors to this volume.
During the nineteenth century, British and American settlers acquired a vast amount of land from indigenous people throughout the Pacific, but in no two places did they acquire it the same way. Stuart Banner tells the story of colonial settlement in Australia, New Zealand, Fiji, Tonga, Hawaii, California, Oregon, Washington, British Columbia, and Alaska. Today, indigenous people own much more land in some of these places than in others. And certain indigenous peoples benefit from treaty rights, while others do not. These variations are traceable to choices made more than a century ago—choices about whether indigenous people were the owners of their land and how that land was to be transferred to whites.
Banner argues that these differences were not due to any deliberate land policy created in London or Washington. Rather, the decisions were made locally by settlers and colonial officials and were based on factors peculiar to each colony, such as whether the local indigenous people were agriculturalists and what level of political organization they had attained. These differences loom very large now, perhaps even larger than they did in the nineteenth century, because they continue to influence the course of litigation and political struggle between indigenous people and whites over claims to land and other resources.
Possessing the Pacific is an original and broadly conceived study of how colonial struggles over land still shape the relations between whites and indigenous people throughout much of the world.
In a brilliant comparative study of law and imperialism, Lisa Ford argues that modern settler sovereignty emerged when settlers in North America and Australia defined indigenous theft and violence as crime.
This occurred, not at the moment of settlement or federation, but in the second quarter of the nineteenth century when notions of statehood, sovereignty, empire, and civilization were in rapid, global flux. Ford traces the emergence of modern settler sovereignty in everyday contests between settlers and indigenous people in early national Georgia and the colony of New South Wales. In both places before 1820, most settlers and indigenous people understood their conflicts as war, resolved disputes with diplomacy, and relied on shared notions like reciprocity and retaliation to address frontier theft and violence. This legal pluralism, however, was under stress as new, global statecraft linked sovereignty to the exercise of perfect territorial jurisdiction. In Georgia, New South Wales, and elsewhere, settler sovereignty emerged when, at the same time in history, settlers rejected legal pluralism and moved to control or remove indigenous peoples.
Carlson argues that by drawing on the conventions of early colonial treaty-making, nineteenth- and early twentieth-century Indian autobiographers sought to adapt and redefine the terms of Indian law as a way to assert specific property-based and civil rights. Focusing primarily on the autobiographical careers of two major writers (William Apess and Charles Eastman), Sovereign Selves traces the way that their sustained engagement with colonial legal institutions gradually enabled them to produce a new rhetoric of "Indianness."
This wide-ranging collection addresses the political possibilities of Western law and the international meanings of sovereignty and Indigeneity. One essay analyzes the autonomous government through which local citizens in Indigenous Zapatista communities in Mexico hope to dissolve systems of top-down sovereignty altogether. Another explores narratives of Native American law and the treatment of sovereignty in contemporary Mohawk visual culture. Several essays discuss the legal and political implications of the field’s pivotal public documents, including the 2007 U.N. Declaration on the Rights of Indigenous Peoples.
Eric Cheyfitz is the Ernest I. White Professor of American Studies and Humane Letters in the Department of English at Cornell University. N. Bruce Duthu is the Samson Occom Professor of Native American Studies and Chair of the Native American Studies Program at Dartmouth College. Shari M. Huhndorf is Associate Professor of English at the University of Oregon.
Contributors: Christine Black, Eric Cheyfitz, Gordon Christie, Chris Cunneen, Jonathan Goldberg-Hiller, Lorie M. Graham, Roy M. Huhndorf, Shari M. Huhndorf, Forrest Hylton, Mara Kaufman, Alvaro Reyes, Jolene Rickard, Carlos Salinas, Noenoe K. Silva, Cheryl Suzack, Siegfried Wiessner
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