Indigenous Peoples and the Law: Indigeneity - Before and Beyond the Law by Kathleen Birrell ebook DOC, DJV
9781138793323 1138793329 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. ", 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.
9781138793323 1138793329 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. ", 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.