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Indigeneity in the Courtroom by Jennifer A. Hamilton Pdf
The central question of this book is when and how does indigeneity in its various iterations – cultural, social, political, economic, even genetic – matter in a legal sense? Indigeneity in the Courtroom focuses on the legal deployment of indigenous difference in US and Canadian courts in the late 20th and early 21st centuries. Through ethnographic and historical research, Hamilton traces dimensions of indigeneity through close readings of four legal cases, each of which raises important questions about law, culture, and the production of difference. She looks at the realm of law, seeking to understand how indigeneity is legally produced and to apprehend its broader political and economic implications.
Indigeneity: Before and Beyond the Law by Kathleen Birrell Pdf
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.
Arthur Ray's extensive knowledge in the history of the fur trade and Native economic history brought him into the courts as an expert witness in the mid-1980s. For over twenty-five years he has been a part of landmark litigation concerning treaty rights, Aboriginal title, and Métis rights. In Telling It to the Judge, Ray recalls lengthy courtroom battles over lines of evidence, historical interpretation, and philosophies of history, reflecting on the problems inherent in teaching history in the adversarial courtroom setting. Told with charm and based on extensive experience, Telling It to the Judge is a unique narrative of courtroom strategy in the effort to obtain constitutional recognition of Aboriginal and treaty rights.
Daniels v. Canada by Nathalie Kermoal,Chris Andersen Pdf
In Daniels v. Canada the Supreme Court determined that Métis and non-status Indians were “Indians” under section 91(24) of the Constitution Act, 1867, one of a number of court victories that has powerfully shaped Métis relationships with the federal government. However, the decision (and the case) continues to reverberate far beyond its immediate policy implications. Bringing together scholars and practitioners from a wide array of professional contexts, this volume demonstrates the power of Supreme Court of Canada cases to directly and indirectly shape our conversations about and conceptions of what Indigeneity is, what its boundaries are, and what Canadians believe Indigenous peoples are “owed.” Attention to Daniels v. Canada’s variegated impacts also demonstrates the extent to which the power of the courts extend and refract far deeper and into a much wider array of social arenas than we often give them credit for. This volume demonstrates the importance of understanding “law” beyond its jurisprudential manifestations, but it also points to the central importance of respecting the power of court cases in how law is carried out in a liberal nation-state such as Canada.
Indigeneity and Political Theory by Karena Shaw Pdf
Indigeneity and Political Theory engages some of the profound challenges to traditions of modern political theory that have been posed over the past two decades. Karena Shaw is especially concerned with practices of sovereignty as they are embedded in and shape Indigenous politics, and responses to Indigenous politics. Drawing on theories of post-coloniality, feminism, globalization, and international politics, and using examples of contemporary political practice including court cases and specific controversies, Shaw seeks to illustrate and argue for a way of doing political theory that is more responsive to the challenges posed by a range of contemporary issues. An engaging and highly original analysis of Indigenenity and sovereignty, this book enables the reader to develop a more robust consideration of relationships between theory and practice, and thus the politics of theorizing.
American Examples by Samah Choudhury,Michael J. Altman,Prea Persaud Pdf
Fresh new perspectives on the study of religion, ranging from SoulCycle to Mark Twain American Examples: New Conversations about Religion, Volume Two, is the second in a series of annual anthologies produced by the American Examples workshop hosted by the Department of Religious Studies at The University of Alabama. In the latest volume from this dynamic academic project, nine scholars with diverse topics and methodologies vividly reimagine the meaning of all three words in the phrase “American religious history.” The essays use case studies from America, broadly conceived, to ask trenchant theoretical questions that are of interest to scholars and students beyond the subfield of American religious history. Cody Musselman uses a Weberian analysis to explore questions of identity, authority, and authenticity in the world of SoulCycle while Zachary T. Smith finds commonality between the rhetoric and practices of scholarship and mixed martial arts. Erik Kline provides a new perspective on the psychedelic mysticism of the 1960s, and Brook Wilensky-Lanford takes stock of the cultural power of parody in Mark Twain’s last work of fiction. Christopher Cannon Jones examines the reciprocal relationship between religious texts and cultural contexts by comparing early Mormon missions to Hawai‘i and Jamaica and Lindsey Jackson explores what debates over circumcision can tell us about gender stereotypes and motherhood. Dana Lloyd uses the 1988 Supreme Court decision in Lyng v. Northwest Indian Cemetery Protective Association as a case study in order to consider how Indigenous religion and sovereignty have been understood and adjudicated in the American legal system. Matt Sheedy studies the identity categories of “atheist” and “ex-Muslim” and Brad Stoddard uses ethnographic fieldwork to evaluate the role of religious pluralism in regulating and policing correctional institutions. Editors Samah Choudhury and Prea Persaud provide an introduction that reconsiders the trajectory of the American Examples project in light of the siege on the US Capitol in January 2021 and the continuing COVID pandemic. Visit americanexamples.ua.edu for more information on upcoming workshop dates and future projects. CONTRIBUTORS Michael J. Altman / Samah Choudhury / Lindsey Jackson / Christopher Cannon Jones / / Erik Kline / Dana Lloyd / Cody Musselman / Prea Persaud / Matt Sheedy / Zachary T. Smith / Brad Stoddard / Brook Wilensky-Lanford
Adat and Indigeneity in Indonesia - Culture and Entitlements Between Heteronomy and Self-Ascription by Brigitta Hauser-Schäublin Pdf
A number of UN conventions and declarations (on the Rights of Indigenous Peoples, the Protection and Promotion of the Diversity of Cultural Expressions and the World Heritage Conventions) can be understood as instruments of international governance to promote democracy and social justice worldwide. In Indonesia (as in many other countries), these international agreements have encouraged the self-assertion of communities that had been oppressed and deprived of their land, especially during the New Order regime (1966-1998). More than 2,000 communities in Indonesia who define themselves as masyarakat adat or “indigenous peoples” had already joined the Indigenous Peoples' Alliance of the Archipelago” (AMAN) by 2013. In their efforts to gain recognition and selfdetermination, these communities are supported by international donors and international as well as national NGOs by means of development programmes. In the definition of masyarakat adat, “culture” or adat plays an important role in the communities' self-definition. Based on particular characteristics of their adat, the asset of their culture, they try to distinguish themselves from others in order to substantiate their claims for the restitution of their traditional rights and property (namely land and other natural resources) from the state. The authors of this volume investigate how differently structured communities - socially, politically and religiously - and associations reposition themselves vis-à-vis others, especially the state, not only by drawing on adat for achieving particular goals, but also dignity and a better future.
Indigenous People, Crime and Punishment by Thalia Anthony Pdf
Indigenous People, Crime and Punishment examines criminal sentencing courts’ changing characterisations of Indigenous peoples’ identity, culture and postcolonial status. Focusing largely on Australian Indigenous peoples, but drawing also on the Canadian experiences, Thalia Anthony critically analyses how the judiciary have interpreted Indigenous difference. Through an analysis of Indigenous sentencing remarks over a fifty year period in a number of jurisdictions, the book demonstrates how judicial discretion is moulded to dominant white assumptions about Indigeneity. More specifically, Indigenous People, Crime and Punishment shows how the increasing demonisation of Indigenous criminality and culture in sentencing has turned earlier ‘gains’ in the legal recognition of Indigenous peoples on their head. The recognition of Indigenous difference is thereby revealed as a pliable concept that is just as likely to remove concessions as it is to grant them. Indigenous People, Crime and Punishment suggests that Indigenous justice requires a two-way recognition process where Indigenous people and legal systems are afforded greater control in sentencing, dispute resolution and Indigenous healing.
Indigeneity and Legal Pluralism in India by Pooja Parmar Pdf
As calls for reparations to indigenous peoples grow on every continent, issues around resource extraction and dispossession raise complex legal questions. What do these disputes mean to those affected? How do the narratives of indigenous people, legal professionals, and the media intersect? In this richly layered and nuanced account, Pooja Parmar focuses on indigeneity in the widely publicized controversy over a Coca-Cola bottling facility in Kerala, India. Juxtaposing popular, legal, and Adivasi narratives, Parmar examines how meanings are gained and lost through translation of complex claims into the languages of social movements and formal legal systems. Included are perspectives of the diverse range of actors involved, based on interviews with members of Adivasi communities, social activists, bureaucrats, politicians, lawyers, and judges. Presented in clear, accessible prose, Parmar's account of translation enriches debates in the fields of legal pluralism, indigeneity, and development.
Author : Miranda C. L. Johnson Publisher : Oxford University Press Page : 249 pages File Size : 46,7 Mb Release : 2016 Category : Law ISBN : 9780190600068
The Land is Our History by Miranda C. L. Johnson Pdf
This book chronicles the extraordinary story of indigenous activism in the late twentieth century. Taking their claims for justice to law, indigenous peoples transformed debates about national identity and reframed the terms of belonging in settler states. - from the back cover.
Author : Angela Cameron,Sari Graben,Val Napoleon Publisher : University of Toronto Press Page : 385 pages File Size : 52,9 Mb Release : 2020-11-03 Category : Law ISBN : 9781487532130
Creating Indigenous Property by Angela Cameron,Sari Graben,Val Napoleon Pdf
While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.
Responding to Vine Deloria, Jr.’s call for all people to “become involved” in the struggle to protect Indigenous sacred sites, Dana Lloyd’s Land Is Kin proposes a rethinking of sacred sites, and a rethinking of even land itself. Deloria suggested using the principle of religious freedom, but this principle has failed Indigenous peoples for decades. Lloyd argues that religious freedom fails Indigenous claimants because settler law creates a tension between two competing rights—one party’s religious freedom and another party’s property rights. In this contest, the right of property will always win. Through an analysis of the 1988 US Supreme Court case Lyng v. Northwest Indian Cemetery Protective Association, which she interprets as a case about sovereignty and the meaning of land, Lloyd proposes a multilayered understanding of land and the different roles it can simultaneously play. Rejecting the binary logic of sacred religion versus secular property, Lloyd uses the legal dispute over the High Country—an area of the Six Rivers National Forest in Northern California sacred to the Yurok, Karuk, and Tolowa Indigenous nations—to show that there are at least five different, but not equally valid, ways to understand land in the Lyng case: home, property, sacred site, wilderness, and kin. To protect the High Country, the Yurok filed a religious freedom lawsuit but then proceeded to describe the land as their home in court. They lobbied for protecting the High Country through a wilderness designation even as they continued to argue that they had been managing it for centuries. They have purchased large parcels of ancestral land and also declare the land their kin, a relationship that ostensibly excludes the possibility of ownership. Land Is Kin demonstrates the complexity of land in contemporary religious, political, and legal discourse. By drawing on Indigenous perspectives on the land as kin, Lloyd points toward a framework that shifts sovereignty away from binary oppositions—between property and sacred site, between the federal government and Native nations—toward seeing the land itself as sovereign.
Author : James D. Faubion,George E. Marcus Publisher : Cornell University Press Page : 249 pages File Size : 40,6 Mb Release : 2011-10-15 Category : Social Science ISBN : 9780801463587
Fieldwork Is Not What It Used to Be by James D. Faubion,George E. Marcus Pdf
Over the past two decades anthropologists have been challenged to rethink the nature of ethnographic research, the meaning of fieldwork, and the role of ethnographers. Ethnographic fieldwork has cultural, social, and political ramifications that have been much discussed and acted upon, but the training of ethnographers still follows a very traditional pattern; this volume engages and takes its point of departure in the experiences of ethnographers-in-the-making that encourage alternative models for professional training in fieldwork and its intellectual contexts. The work done by contributors to Fieldwork Is Not What It Used to Be articulates, at the strategic point of career-making research, features of this transformation in progress. Setting aside traditional anxieties about ethnographic authority, the authors revisit fieldwork with fresh initiative. In search of better understandings of the contemporary research process itself, they assess the current terms of the engagement of fieldworkers with their subjects, address the constructive, open-ended forms by which the conclusions of fieldwork might take shape, and offer an accurate and useful description of what it means to become—and to be—an anthropologist today.
The Land is Our History by Miranda C. L. Johnson Pdf
The Land Is Our History tells the story of indigenous legal activism at a critical political and cultural juncture in Australia, Canada, and New Zealand. In the late 1960s, indigenous activists protested assimilation policies and the usurpation of their lands as a new mining boom took off, radically threatening their collective identities. Often excluded from legal recourse in the past, indigenous leaders took their claims to court with remarkable results. For the first time, their distinctive histories were admitted as evidence of their rights. Miranda Johnson examines how indigenous peoples advocated for themselves in courts and commissions of inquiry between the early 1970s to the mid-1990s, chronicling an extraordinary and overlooked history in which virtually disenfranchised peoples forced powerful settler democracies to reckon with their demands. Based on extensive archival research and interviews with leading participants, The Land Is Our History brings to the fore complex and rich discussions among activists, lawyers, anthropologists, judges, and others in the context of legal cases in far-flung communities dealing with rights, history, and identity. The effects of these debates were unexpectedly wide-ranging. By asserting that they were the first peoples of the land, indigenous leaders compelled the powerful settler states that surrounded them to negotiate their rights and status. Fracturing national myths and making new stories of origin necessary, indigenous peoples' claims challenged settler societies to rethink their sense of belonging.
The Routledge International Handbook of New Critical Race and Whiteness Studies by Rikke Andreassen,Catrin Lundström,Suvi Keskinen,Shirley Anne Tate Pdf
Since its foundation as an academic field in the 1990s, critical race theory has developed enormously and has, among others, been supplemented by and (dis)integrated with critical whiteness studies. At the same time, the field has moved beyond its origins in Anglo-Saxon environments, to be taken up and re-developed in various parts of the world – leading to not only new empirical material but also new theoretical perspectives and analytical approaches. Gathering these new and global perspectives, this book presents a much-needed collection of the various forms, sophisticated theoretical developments and nuanced analyses that the field of critical race and whiteness theories and studies offers today. Organized around the themes of emotions, technologies, consumption, institutions, crisis, identities and on the margin, this presentation of critical race and whiteness theories and studies in its true interdisciplinary and international form provides the latest empirical and theoretical research, as well as new analytical approaches. Illustrating the strength of the field and embodying its future research directions, The Routledge International Handbook of New Critical Race and Whiteness Studies will appeal to scholars across the social sciences and humanities with interests in race and whiteness.
