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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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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: £80.00

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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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Other Jurisdictions , USA
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