Jurisdiction and Indigenous People in America and Australia, 1788-1836
Author: Lisa Ford
Publisher: Harvard University Press
In a brilliant comparative study of law and imperialism, Lisa Ford argues that modern settler sovereignty emerged when settlers in North America and Australia defined indigenous theft and violence as crime. This occurred, not at the moment of settlement or federation, but in the second quarter of the nineteenth century when notions of statehood, sovereignty, empire, and civilization were in rapid, global flux. Ford traces the emergence of modern settler sovereignty in everyday contests between settlers and indigenous people in early national Georgia and the colony of New South Wales. In both places before 1820, most settlers and indigenous people understood their conflicts as war, resolved disputes with diplomacy, and relied on shared notions like reciprocity and retaliation to address frontier theft and violence. This legal pluralism, however, was under stress as new, global statecraft linked sovereignty to the exercise of perfect territorial jurisdiction. In Georgia, New South Wales, and elsewhere, settler sovereignty emerged when, at the same time in history, settlers rejected legal pluralism and moved to control or remove indigenous peoples.
Author: A. Bell
Category: Social Science
This book uses identity theories to explore the struggles of indigenous peoples against the domination of the settler imaginary in Australia, Canada, New Zealand and the United States. The book argues that a new relational imaginary can revolutionize the way settler peoples think about and relate to indigenous difference.
Negotiating European Expansion, 1600-1900
Author: Saliha Belmessous
Publisher: Oxford University Press
Most histories of European appropriation of indigenous territories have, until recently, focused on conquest and occupation, while relatively little attention has been paid to the history of treaty-making. Yet treaties were also a means of extending empire. To grasp the extent of European legal engagement with indigenous peoples, Empire by Treaty: Negotiating European Expansion, 1600-1900 looks at the history of treaty-making in European empires (Dutch, Spanish, Portuguese, French and British) from the early 17th to the late 19th century, that is, during both stages of European imperialism. While scholars have often dismissed treaties assuming that they would have been fraudulent or unequal, this book argues that there was more to the practice of treaty-making than mere commercial and political opportunism. Indeed, treaty-making was also promoted by Europeans as a more legitimate means of appropriating indigenous sovereignties and acquiring land than were conquest or occupation, and therefore as a way to reconcile expansion with moral and juridical legitimacy. As for indigenous peoples, they engaged in treaty-making as a way to further their interests even if, on the whole, they gained far less than the Europeans from those agreements and often less than they bargained for. The vexed history of treaty-making presents particular challenges for the great expectations placed in treaties for the resolution of conflicts over indigenous rights in post-colonial societies. These hopes are held by both indigenous peoples and representatives of the post-colonial state and yet, both must come to terms with the complex and troubled history of treaty-making over 300 years of empire. Empire by Treaty looks at treaty-making in Dutch colonial expansion, the Spanish-Portuguese border in the Americas, aboriginal land in Canada, French colonial West Africa, and British India.
Reproduction, Nation, and the Afterlife of Empire
Author: Nadine Attewell
Publisher: University of Toronto Press
Category: Literary Criticism
Better Britons charts an innovative approach to the politics of reproduction by reading an array of works and discourses that reflect on the significance of reproductive behaviours for civic, national, and racial identities.
Indigenous Encounters and the Contingency of Race
Author: Nancy Shoemaker
Publisher: UNC Press Books
In the nineteenth century, nearly all Native American men living along the southern New England coast made their living traveling the world's oceans on whaleships. Many were career whalemen, spending twenty years or more at sea. Their labor invigorated economically depressed reservations with vital income and led to complex and surprising connections with other Indigenous peoples, from the islands of the Pacific to the Arctic Ocean. At home, aboard ship, or around the world, Native American seafarers found themselves in a variety of situations, each with distinct racial expectations about who was "Indian" and how "Indians" behaved. Treated by their white neighbors as degraded dependents incapable of taking care of themselves, Native New Englanders nevertheless rose to positions of command at sea. They thereby complicated myths of exploration and expansion that depicted cultural encounters as the meeting of two peoples, whites and Indians. Highlighting the shifting racial ideologies that shaped the lives of these whalemen, Nancy Shoemaker shows how the category of "Indian" was as fluid as the whalemen were mobile.
The Doctrine of Discovery in the English Colonies
Author: Robert J. Miller
Publisher: Oxford University Press
North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. This book analyses how England applied this doctrine to gain control over the lands, property, government, and human rights of the indigenous peoples, and how this control continues to this day.
Growth of a Regional Identity
Author: Raymond D. Gastil,Barnett Singer
The Pacific Northwest—for the purposes of this book mostly Oregon and Washington—has sometimes been seen as lacking significant cultural history. Home to idyllic environmental wonders, the region has been plagued by the notion that the best and brightest often left in search of greater things, that the mainstream world was thousands of miles away—or at least as far south as California. This book describes the Pacific Northwest’s search for a regional identity from the first Indian-European contacts through the late twentieth century, identifying those individuals and groups “who at least struggled to give meaning to the Northwest experience.” It places particular emphasis on writers and other celebrated individuals in the arts, detailing how their lives and works both reflected the region and also enhanced its sense of self.
France and the Conquest of Algeria
Author: Jennifer E. Sessions
Publisher: Cornell University Press
In 1830, with France's colonial empire in ruins, Charles X ordered his army to invade Ottoman Algiers. Victory did not salvage his regime from revolution, but it began the French conquest of Algeria, which was continued and consolidated by the succeeding July Monarchy. In By Sword and Plow, Jennifer E. Sessions explains why France chose first to conquer Algeria and then to transform it into its only large-scale settler colony. Deftly reconstructing the political culture of mid-nineteenth-century France, she also sheds light on policies whose long-term consequences remain a source of social, cultural, and political tensions in France and its former colony. In Sessions's view, French expansion in North Africa was rooted in contests over sovereignty and male citizenship in the wake of the Atlantic revolutions of the eighteenth century. The French monarchy embraced warfare as a means to legitimize new forms of rule, incorporating the Algerian army into royal iconography and public festivals. Colorful broadsides, songs, and plays depicted the men of the Armée d'Afrique as citizen soldiers. Social reformers and colonial theorists formulated plans to settle Algeria with European emigrants. The propaganda used to recruit settlers featured imagery celebrating Algeria's agricultural potential, but the male emigrants who responded were primarily poor, urban laborers who saw the colony as a place to exercise what they saw as their right to work. Generously illustrated with examples of this imperialist iconography, Sessions's work connects a wide-ranging culture of empire to specific policies of colonization during a pivotal period in the genesis of modern France.
A History of Baseball's Antitrust Exemption
Author: Stuart Banner
Publisher: Oxford University Press
Category: Sports & Recreation
The impact of antitrust law on sports is in the news all the time, especially when there is labor conflict between players and owners, or when a team wants to move to a new city. And if the majority of Americans have only the vaguest sense of what antitrust law is, most know one thing about it-that baseball is exempt. In The Baseball Trust, legal historian Stuart Banner illuminates the series of court rulings that resulted in one of the most curious features of our legal system-baseball's exemption from antitrust law. A serious baseball fan, Banner provides a thoroughly entertaining history of the game as seen through the prism of an extraordinary series of courtroom battles, ranging from 1890 to the present. The book looks at such pivotal cases as the 1922 Supreme Court case which held that federal antitrust laws did not apply to baseball; the 1972 Flood v. Kuhn decision that declared that baseball is exempt even from state antitrust laws; and several cases from the 1950s, one involving boxing and the other football, that made clear that the exemption is only for baseball, not for sports in general. Banner reveals that for all the well-documented foibles of major league owners, baseball has consistently received and followed antitrust advice from leading lawyers, shrewd legal advice that eventually won for baseball a protected legal status enjoyed by no other industry in America. As Banner tells this fascinating story, he also provides an important reminder of the path-dependent nature of the American legal system. At each step, judges and legislators made decisions that were perfectly sensible when considered one at a time, but that in total yielded an outcome-baseball's exemption from antitrust law-that makes no sense at all.
Canada, Australia, and New Zealand
Author: Louis A. Knafla,Haijo Westra
Publisher: UBC Press
Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.
Law and Power on the Frontier
Author: Stuart BANNER
Publisher: Harvard University Press
Between the early seventeenth century and the early twentieth, nearly all the land in the United States was transferred from American Indians to whites. How did Indians actually lose their land? Stuart Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers. Instead, time, place, and the balance of power between Indians and settlers decided the outcome of land struggles.
A Theoretical Overview
Author: Lorenzo Veracini
Publisher: Palgrave MacMillan
Settler colonialism is a global and transnational phenomenon, and as much a thing of the present as a thing of the past. In this book, Lorenzo Veracini explores the settler colonial 'situation' and explains how there is no such thing as neo-settler colonialism or post-settler colonialism because settler colonialism is a resilient formation that rarely ends. Not all migrants are settlers: settlers come to stay, and are founders of political orders who carry with them a distinct sovereign capacity. And settler colonialism is not colonialism: settlers want Indigenous people to vanish (but can make use of their labour before they are made to disappear). Sometimes settler colonial forms operate within colonial ones, sometimes they subvert them, sometimes they replace them. But even if colonialism and settler colonialism interpenetrate and overlap, they remain separate as they co-define each other.
Author: Matthew Palmer
Delving into an important constitutional issue, this thorough examination details the up-to-date legal arguments involved in the indigenous-rights debate around the 1840 Treaty of Waitangi. Uniquely combining conceptual academic theory with grounded and realistic suggestions for improving the ways the New Zealand government deals with the Maori, this comprehensive account outlines the significance behind an unresolved controversy that affects New Zealand’s identity and culture, as well as their constitution, law, and economy.