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Vol 22 No 7 July/August 2017

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The Literary and Legal Genealogy of Native American Dispossession

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ISBN13: 9781138188723
Published: July 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £85.00



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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 analyze how these formative U.S. Supreme Court rulings blurred the distinction between literature and law.

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Subjects:
Other Jurisdictions , USA
Contents:
Part I Theoretical Foundations & The Marshall Trilogy Cases
Chapter 1. Theoretical Foundations
Chapter 2. The Marshall Trilogy Cases: An Overview
Chapter 3. Colonial Knowledge: A Unity of Discourses

Part II Refining the Native American
Chapter 4 Theory of Discourse in a Colonial Context: Edward Said and the American Eighteenth Century Literary Archive
Chapter 5 The Discourse of the Vanishing Indian in Literature
Chapter 6 Fenimore Cooper's The Last of the Mohicans
Chapter 7 The Wilderness in American Art and Literature

Part III Resistance to Colonial Discourse
Chapter 8. Law and Literature
Chapter 9. Cherokee Resistance: Mimicry as Deception

Series: Indigenous Peoples and the Law

Scales of Governance and Indigenous Peoples: New Rights or Same Old Wrongs? ISBN 9781138944480
To be published October 2017
Routledge
£85.00
Indigeneity: Before and Beyond the Law ISBN 9781138570375
To be published September 2017
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£36.99
Indigenous Peoples as Subjects of International Law (eBook)
Edited by: Irene Watson
ISBN 9781317240655
Published July 2017
Routledge
£30.82 + £6.16 VAT
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Indigenous Peoples as Subjects of International Law
Edited by: Irene Watson
ISBN 9781138645158
Published July 2017
Routledge
£95.00
£33.32 + £6.66 VAT
(ePub)
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Aboriginal Peoples, Colonialism and International Law: Raw Law ISBN 9781138685963
Published April 2016
Routledge
£37.99
Indigeneity: Before and Beyond the Law (eBook) ISBN 9781317644804
Published March 2016
Routledge
£33.32 + £6.66 VAT
(ePub)
Buy
Indigeneity: Before and Beyond the Law ISBN 9781138793323
Published March 2016
Routledge
£110.00
£33.32 + £6.66 VAT
(ePub)
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Aboriginal Peoples, Colonialism and International Law: Raw Law ISBN 9780415721752
Published October 2014
Routledge
£110.00