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Author: Bain Attwood
Publisher: Cambridge University Press
ISBN: 1108809502
Category : History
Languages : en
Pages : 457
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Book Description
This book provides a new approach to the historical treatment of indigenous peoples' sovereignty and property rights in Australia and New Zealand. By shifting attention from the original European claims of possession to a comparison of the ways in which British players treated these matters later, Bain Attwood not only reveals some startling similarities between the Australian and New Zealand cases but revises the long-held explanations of the differences. He argues that the treatment of the sovereignty and property rights of First Nations was seldom determined by the workings of moral principle, legal doctrine, political thought or government policy. Instead, it was the highly particular historical circumstances in which the first encounters between natives and Europeans occurred and colonisation began that largely dictated whether treaties of cession were negotiated, just as a bitter political struggle determined the significance of the Treaty of Waitangi and ensured that native title was made in New Zealand.
Author: Bain Attwood
Publisher: Cambridge University Press
ISBN: 1108478298
Category : History
Languages : en
Pages : 457
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Book Description
This book provides a strikingly original explanation of the Britain's treatment of sovereignty and native title in its Australasian colonies.
Author: Katie Glaskin
Publisher: Apollo Books
ISBN: 9781742589442
Category : History
Languages : en
Pages : 308
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Book Description
Law's metaphysics -- When whiteman came in -- Mission days -- A land and sea claim -- The ethnographic archive -- In the court -- Legal submissions and crosscurrents -- How judgments are made -- Society and sea on appeal -- Recognitions's paradox
Author: Roxanne Dunbar-Ortiz
Publisher: Beacon Press
ISBN: 0807013145
Category : History
Languages : en
Pages : 330
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Book Description
New York Times Bestseller Now part of the HBO docuseries "Exterminate All the Brutes," written and directed by Raoul Peck Recipient of the American Book Award The first history of the United States told from the perspective of indigenous peoples Today in the United States, there are more than five hundred federally recognized Indigenous nations comprising nearly three million people, descendants of the fifteen million Native people who once inhabited this land. The centuries-long genocidal program of the US settler-colonial regimen has largely been omitted from history. Now, for the first time, acclaimed historian and activist Roxanne Dunbar-Ortiz offers a history of the United States told from the perspective of Indigenous peoples and reveals how Native Americans, for centuries, actively resisted expansion of the US empire. With growing support for movements such as the campaign to abolish Columbus Day and replace it with Indigenous Peoples’ Day and the Dakota Access Pipeline protest led by the Standing Rock Sioux Tribe, An Indigenous Peoples’ History of the United States is an essential resource providing historical threads that are crucial for understanding the present. In An Indigenous Peoples’ History of the United States, Dunbar-Ortiz adroitly challenges the founding myth of the United States and shows how policy against the Indigenous peoples was colonialist and designed to seize the territories of the original inhabitants, displacing or eliminating them. And as Dunbar-Ortiz reveals, this policy was praised in popular culture, through writers like James Fenimore Cooper and Walt Whitman, and in the highest offices of government and the military. Shockingly, as the genocidal policy reached its zenith under President Andrew Jackson, its ruthlessness was best articulated by US Army general Thomas S. Jesup, who, in 1836, wrote of the Seminoles: “The country can be rid of them only by exterminating them.” Spanning more than four hundred years, this classic bottom-up peoples’ history radically reframes US history and explodes the silences that have haunted our national narrative. An Indigenous Peoples' History of the United States is a 2015 PEN Oakland-Josephine Miles Award for Excellence in Literature.
Author: Bain Attwood
Publisher: Cambridge University Press
ISBN: 1108809502
Category : History
Languages : en
Pages : 457
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Book Description
This book provides a new approach to the historical treatment of indigenous peoples' sovereignty and property rights in Australia and New Zealand. By shifting attention from the original European claims of possession to a comparison of the ways in which British players treated these matters later, Bain Attwood not only reveals some startling similarities between the Australian and New Zealand cases but revises the long-held explanations of the differences. He argues that the treatment of the sovereignty and property rights of First Nations was seldom determined by the workings of moral principle, legal doctrine, political thought or government policy. Instead, it was the highly particular historical circumstances in which the first encounters between natives and Europeans occurred and colonisation began that largely dictated whether treaties of cession were negotiated, just as a bitter political struggle determined the significance of the Treaty of Waitangi and ensured that native title was made in New Zealand.
Author: Diane Kirkby
Publisher: Manchester University Press
ISBN: 1526119706
Category : History
Languages : en
Pages : 320
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Book Description
Drawing on the latest contemporary research from an internationally acclaimed group of scholars, Law, history, colonialism brings together the disciplines of law, history and post-colonial studies in a singular exploration of imperialism. In fresh, innovative essays from a range of disciplinary backgrounds, this collection offers exciting new perspectives on the length and breadth of empire. As issues of native title, truth and reconciliation commissions, and access to land and natural resources are contested in courtrooms and legislation of former colonies, the disciplines of law and history afford new ways of seeing, hearing and creating knowledge. Issues explored include the judicial construction of racial categories, the gendered definitions of nation-states, the historical construction of citizenship, sovereignty and land rights, the limits to legality and the charting of empire, constructions of madness among colonised peoples, reforming property rights of married women, questions of legal and historical evidence, and the rule of law. This collection will be an indispensable reference work to scholars, students and teachers.
Author: Benjamin Richard Smith
Publisher: ANU E Press
ISBN: 1921313528
Category : History
Languages : en
Pages : 238
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Book Description
"The papers in this collection reflect on the various social effects of native title. In particular, the authors consider the ways in which the implementation of the Native Title Act 1993 (Cwlth), and the native title process for which this Act legislates, allow for the recognition and translation of Aboriginal law and custom, and facilitate particular kinds of coexistence between Aboriginal title holders and other Australians. In so doing, the authors seek to extend the debate on native title beyond questions of practice and towards an improved understanding of the effects of native title on the social lives of Indigenous Australians and on Australian society more generally"--Publisher's description.
Author: P. G. McHugh
Publisher: OUP Oxford
ISBN: 0191029777
Category : Law
Languages : en
Pages : 377
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Book Description
Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.
Author: Prasenjit Duara
Publisher: John Wiley & Sons
ISBN: 0470658991
Category : History
Languages : en
Pages : 538
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Book Description
A COMPANION TO GLOBAL HISTORICAL THOUGHT A Companion to Global Historical Thought provides an overview of the development of historical thinking from the earliest times to the present, directly addressing issues of historiography in a globalized context. Questions concerning the global dissemination of historical writing and the relationship between historiography and other ways of representing the past have become important not only in the academic study of history, but also in public arenas in many countries. With contributions from leading international scholars, the book considers the problem of “the global” – in the multiplicity of traditions of narrating the past; in the global dissemination of modern historical writing; and of “the global” as a concept animating historical imaginations. It explores the different intellectual approaches that have shaped the discipline of history, and the challenges posed by modernity and globalization, while illustrating the shifts in thinking about time and the emergence of historical thought. Complementing A Companion to Western Historical Thought, this book places non-Western perspectives on historiography at the center of discussion, helping scholars and students alike make sense of the discipline at the start of the twenty-first century.
Author: Richard K. Sherwin
Publisher: Bloomsbury Publishing
ISBN: 1350079332
Category : History
Languages : en
Pages : 248
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Book Description
The period since the First World War has been a century distinguished by the loss of any unitary foundation for truth, ethics, and the legitimate authority of law. With the emergence of radical pluralism, law has become the site of extraordinary creativity and, on occasion, a source of rights for those historically excluded from its protection. A Cultural History of Law in the Modern Age tells stories of human struggles in the face of state authority – including Aboriginal land claims, popular resistance to corporate power, and the inter-generational ramifications of genocidal state violence. The essays address how, and with what effects, different expressive modes (ceremonial dance, live street theater, the acoustics of radio, the affective range of film, to name a few) help to construct, memorialize, and disseminate political and legal meaning. Drawing upon a wealth of visual, textual and sound sources, A Cultural History of Law in the Modern Age presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.
Author: Louis A. Knafla
Publisher: UBC Press
ISBN: 0774859296
Category : Law
Languages : en
Pages : 280
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Book Description
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.
