Indigeneity Sovereignty And The Law
Download Indigeneity Sovereignty And The Law full books in PDF, epub, and Kindle. Read online free Indigeneity Sovereignty And The Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
| Author | : J. Kehaulani Kauanui |
| Publisher | : Duke University Press |
| Total Pages | : 260 |
| Release | : 2008-11-07 |
| Genre | : History |
| ISBN | : 082239149X |
In the Hawaiian Homes Commission Act (HHCA) of 1921, the U.S. Congress defined “native Hawaiians” as those people “with at least one-half blood quantum of individuals inhabiting the Hawaiian Islands prior to 1778.” This “blood logic” has since become an entrenched part of the legal system in Hawai‘i. Hawaiian Blood is the first comprehensive history and analysis of this federal law that equates Hawaiian cultural identity with a quantifiable amount of blood. J. Kēhaulani Kauanui explains how blood quantum classification emerged as a way to undermine Native Hawaiian (Kanaka Maoli) sovereignty. Within the framework of the 50-percent rule, intermarriage “dilutes” the number of state-recognized Native Hawaiians. Thus, rather than support Native claims to the Hawaiian islands, blood quantum reduces Hawaiians to a racial minority, reinforcing a system of white racial privilege bound to property ownership. Kauanui provides an impassioned assessment of how the arbitrary correlation of ancestry and race imposed by the U.S. government on the indigenous people of Hawai‘i has had far-reaching legal and cultural effects. With the HHCA, the federal government explicitly limited the number of Hawaiians included in land provisions, and it recast Hawaiians’ land claims in terms of colonial welfare rather than collective entitlement. Moreover, the exclusionary logic of blood quantum has profoundly affected cultural definitions of indigeneity by undermining more inclusive Kanaka Maoli notions of kinship and belonging. Kauanui also addresses the ongoing significance of the 50-percent rule: Its criteria underlie recent court decisions that have subverted the Hawaiian sovereignty movement and brought to the fore charged questions about who counts as Hawaiian.
| Author | : J. Kehaulani Kauanui |
| Publisher | : Duke University Press |
| Total Pages | : 298 |
| Release | : 2018-09-27 |
| Genre | : History |
| ISBN | : 0822371960 |
In Paradoxes of Hawaiian Sovereignty J. Kēhaulani Kauanui examines contradictions of indigeneity and self-determination in U.S. domestic policy and international law. She theorizes paradoxes in the laws themselves and in nationalist assertions of Hawaiian Kingdom restoration and demands for U.S. deoccupation, which echo colonialist models of governance. Kauanui argues that Hawaiian elites' approaches to reforming and regulating land, gender, and sexuality in the early nineteenth century that paved the way for sovereign recognition of the kingdom complicate contemporary nationalist activism today, which too often includes disavowing the indigeneity of the Kanaka Maoli (Indigenous Hawaiian) people. Problematizing the ways the positing of the Hawaiian Kingdom's continued existence has been accompanied by a denial of U.S. settler colonialism, Kauanui considers possibilities for a decolonial approach to Hawaiian sovereignty that would address the privatization and capitalist development of land and the ongoing legacy of the imposition of heteropatriarchal modes of social relations.
| Author | : Eric Cheyfitz |
| Publisher | : South Atlantic Quarterly |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : Social Science |
| ISBN | : 9780822367529 |
Although Indigenous groups include diverse cultures and colonial experiences, Indigenous communities around the globe are united by a common struggle: to achieve self-determination and land rights as original occupants of the land prior to colonization. Historically, Western law has served both as an instrument of colonial control and as a means for Indigenous peoples to assert their claims to sovereignty and territory against those of nation-states. The essays in this issue of SAQ consider historical and contemporary colonial conflicts and explore key topics in Indigenous studies, including land rights, human rights, legal jurisdiction, Indigenous governance, and questions of language, culture, and the environment. This wide-ranging collection addresses the political possibilities of Western law and the international meanings of sovereignty and Indigeneity. One essay analyzes the autonomous government through which local citizens in Indigenous Zapatista communities in Mexico hope to dissolve systems of top-down sovereignty altogether. Another explores narratives of Native American law and the treatment of sovereignty in contemporary Mohawk visual culture. Several essays discuss the legal and political implications of the field's pivotal public documents, including the 2007 U.N. Declaration on the Rights of Indigenous Peoples. Eric Cheyfitz is the Ernest I. White Professor of American Studies and Humane Letters in the Department of English at Cornell University. N. Bruce Duthu is the Samson Occom Professor of Native American Studies and Chair of the Native American Studies Program at Dartmouth College. Shari M. Huhndorf is Associate Professor of English at the University of Oregon. Contributors: Christine Black, Eric Cheyfitz, Gordon Christie, Chris Cunneen, Jonathan Goldberg-Hiller, Lorie M. Graham, Roy M. Huhndorf, Shari M. Huhndorf, Forrest Hylton, Mara Kaufman, Alvaro Reyes, Jolene Rickard, Carlos Salinas, Noenoe K. Silva, Cheryl Suzack, Siegfried Wiessner
| Author | : Jonas Bens |
| Publisher | : University of Pennsylvania Press |
| Total Pages | : 256 |
| Release | : 2020-07-10 |
| Genre | : Political Science |
| ISBN | : 0812252306 |
An investigation into how indigenous rights are conceived in legal language and doctrine In the twenty-first century, it is politically and legally commonplace that indigenous communities go to court to assert their rights against the postcolonial nation-state in which they reside. But upon closer examination, this constellation is far from straightforward. Indigenous communities make their claims as independent entities, governed by their own laws. And yet, they bring a case before the court of another sovereign, subjecting themselves to its foreign rule of law. According to Jonas Bens, when native communities enter into legal relationships with postcolonial nation-states, they "become indigenous." Indigenous communities define themselves as separated from the settler nation-state and insist that their rights originate from within their own system of laws. At the same time, indigenous communities must argue that they are incorporated in the settler nation-state to be able to use its judiciary to enforce these rights. As such, they are simultaneously included into and excluded from the state. Tracing how the indigenous paradox is inscribed into the law by investigating several indigenous rights cases in the Americas, from the early nineteenth century to the early twenty-first, Bens illustrates how indigenous communities have managed—and continue to manage—to navigate this paradox by developing lines of legal reasoning that mobilize the concepts of sovereignty and culture. Bens argues that understanding indigeneity as a paradoxical formation sheds light on pressing questions concerning the role of legal pluralism and shared sovereignty in contemporary multicultural societies.
| Author | : S. James Anaya |
| Publisher | : |
| Total Pages | : 414 |
| Release | : 2004 |
| Genre | : Law |
| ISBN | : 9780195173505 |
In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.
| Author | : Devon A. Mihesuah |
| Publisher | : University of Oklahoma Press |
| Total Pages | : 387 |
| Release | : 2019-08-02 |
| Genre | : Cooking |
| ISBN | : 0806165782 |
“All those interested in Indigenous food systems, sovereignty issues, or environment, and their path toward recovery should read this powerful book.” —Kathie L. Beebe, American Indian Quarterly Centuries of colonization and other factors have disrupted indigenous communities’ ability to control their own food systems. This volume explores the meaning and importance of food sovereignty for Native peoples in the United States, and asks whether and how it might be achieved and sustained. Unprecedented in its focus and scope, this collection addresses nearly every aspect of indigenous food sovereignty, from revitalizing ancestral gardens and traditional ways of hunting, gathering, and seed saving to the difficult realities of racism, treaty abrogation, tribal sociopolitical factionalism, and the entrenched beliefs that processed foods are superior to traditional tribal fare. The contributors include scholar-activists in the fields of ethnobotany, history, anthropology, nutrition, insect ecology, biology, marine environmentalism, and federal Indian law, as well as indigenous seed savers and keepers, cooks, farmers, spearfishers, and community activists. After identifying the challenges involved in revitalizing and maintaining traditional food systems, these writers offer advice and encouragement to those concerned about tribal health, environmental destruction, loss of species habitat, and governmental food control.
| Author | : Daniel HoSang |
| Publisher | : Univ of California Press |
| Total Pages | : 390 |
| Release | : 2012-09 |
| Genre | : History |
| ISBN | : 0520273443 |
"This collection of essays marking the twenty-fifth anniversary of the publication of Michael Omi and Howard Winant’s Racial Formation in the United States demonstrates the importance and influence of the concept of racial formation. The range of disciplines, discourses, ideas, and ideologies makes for fascinating reading, demonstrating the utility and applicability of racial formation theory to diverse contexts, while at the same time presenting persuasively original extensions and elaborations of it. This is an important book, one that sums up, analyzes, and builds on some of the most important work in racial studies during the past three decades."—George Lipsitz, author of How Racism Takes Place “Racial Formation in the Twenty-First Century is truly a state-of-the-field anthology, fully worthy of the classic volume it honors—timely, committed, sophisticated, accessible, engaging. The collection will be a boon to anyone wishing to understand the workings of race in the contemporary United States.” —Matthew Frye Jacobson, Professor of American Studies, Yale University “This stimulating and lively collection demonstrates the wide-ranging influence and generative power of Omi and Winant’s racial formation framework. The contributors are leading scholars in fields ranging from the humanities and social sciences to legal and policy studies. They extend the framework into new terrain, including non-U.S. settings, gender and sexual relations, and the contemporary warfare state. While acknowledging the pathbreaking nature of Omi and Winant’s intervention, the contributors do not hesitate to critique what they see as limitations and omissions. This is a must-read for anyone striving to make sense of tensions and contradictions in racial politics in the U.S. and transnationally.”—Evelyn Nakano Glenn, editor of Shades of Difference: Why Skin Color Matters
| Author | : Aileen Moreton-Robinson |
| Publisher | : U of Minnesota Press |
| Total Pages | : 327 |
| Release | : 2015-05-15 |
| Genre | : Social Science |
| ISBN | : 1452944598 |
The White Possessive explores the links between race, sovereignty, and possession through themes of property: owning property, being property, and becoming propertyless. Focusing on the Australian Aboriginal context, Aileen Moreton-Robinson questions current race theory in the first world and its preoccupation with foregrounding slavery and migration. The nation, she argues, is socially and culturally constructed as a white possession. Moreton-Robinson reveals how the core values of Australian national identity continue to have their roots in Britishness and colonization, built on the disavowal of Indigenous sovereignty. Whiteness studies literature is central to Moreton-Robinson’s reasoning, and she shows how blackness works as a white epistemological tool that bolsters the social production of whiteness—displacing Indigenous sovereignties and rendering them invisible in a civil rights discourse, thereby sidestepping thorny issues of settler colonialism. Throughout this critical examination Moreton-Robinson proposes a bold new agenda for critical Indigenous studies, one that involves deeper analysis of how the prerogatives of white possession function within the role of disciplines.
| Author | : N. Bruce Duthu |
| Publisher | : Penguin |
| Total Pages | : 310 |
| Release | : 2008-01-31 |
| Genre | : History |
| ISBN | : 1101157917 |
A perfect introduction to a vital subject very few Americans understand-the constitutional status of American Indians Few American s know that Indian tribes have a legal status unique among America's distinct racial and ethnic groups: they are sovereign governments who engage in relations with Congress. This peculiar arrangement has led to frequent legal and political disputes-indeed, the history of American Indians and American law has been one of clashing values and sometimes uneasy compromise. In this clear-sighted account, American Indian scholar N. Bruce Duthu explains the landmark cases in Indian law of the past two centuries. Exploring subjects as diverse as jurisdictional authority, control of environmental resources, and the regulations that allow the operation of gambling casinos, American Indians and the Law gives us an accessible entry point into a vital facet of Indian history.
| Author | : Karen Jarratt-Snider |
| Publisher | : University of Arizona Press |
| Total Pages | : 233 |
| Release | : 2020-05-05 |
| Genre | : Social Science |
| ISBN | : 0816541299 |
This volume clearly distinguishes Indigenous environmental justice (IEJ) from the broader idea of environmental justice (EJ) while offering detailed examples from recent history of environmental injustices that have occurred in Indian Country. With connections to traditional homelands being at the heart of Native identity, environmental justice is of heightened importance to Indigenous communities. Not only do irresponsible and exploitative environmental policies harm the physical and financial health of Indigenous communities, they also cause spiritual harm by destroying land held in a place of exceptional reverence for Indigenous peoples. With focused essays on important topics such as the uranium mining on Navajo and Hopi lands, the Dakota Access Pipeline dispute on the Standing Rock Indian Reservation, environmental cleanup efforts in Alaska, and many other pertinent examples, this volume offers a timely view of the environmental devastation that occurs in Indian Country. It also serves to emphasize the importance of self-determination and sovereignty in victories of Indigenous environmental justice. The book explores the ongoing effects of colonization and emphasizes Native American tribes as governments rather than ethnic minorities. Combining elements of legal issues, human rights issues, and sovereignty issues, Indigenous Environmental Justice creates a clear example of community resilience in the face of corporate greed and state indifference.
