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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Indigeneity: Before and Beyond the Law

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ISBN13: 9781138793323
Published: March 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £85.00

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As both a local and global discourse, myriad expressions of indigeneity and multiple indigeneities are evident in both literature and law. This book is concerned with the contrasting juridical narratives of the coloniser and the colonised – specifically, of non-Indigenous and Indigenous law – and their expression in law and literature. Examining notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law – both nationally and internationally – the book focuses upon the animation of ‘indigeneities’ within textual imaginaries that are both literary and juridical.

While the Indigene before the law is subject to the violence of its determinate impositions, this book draws on a range of contemporary theorists to argue that Indigenous narrative, particularly as it appears in Indigenous authored literature, evokes a disruptive and transformative dynamism within non-Indigenous law. In so doing, the book addresses the troubled juxtaposition of law and justice in the context of Indigenous legal claims and literary expressions, as it engage the contested history and jurisprudence of Indigenous title to land, of theories of recognition, and of Indigenous resistance to colonialism. It will be of considerable interest to legal and humanist scholars working at the intersection of Indigenous peoples and law, including those engaged in critical legal studies, legal philosophy and socio-legal studies.

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Human Rights and Civil Liberties
1. Introduction
2. The Legal Indigene
3. The Literary Indigene
4. Methodology

5. Introduction
6. An Impossible Object
7. The Legal Archive
8. Indigeneity as Other

9. Introduction
10. Justice as Law
11. The Last Uncharted Continent
12. Mythic Indigeneity

13. Introduction
14. Mimetic Indigeneities
15. A Law of Alterity
16. Decolonising Country