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Author: J. Kehaulani Kauanui
Publisher: Duke University Press
ISBN: 082239149X
Category : History
Languages : en
Pages : 260
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Book Description
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
ISBN: 082239149X
Category : History
Languages : en
Pages : 260
Get Book Here
Book Description
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: Eric Cheyfitz
Publisher: South Atlantic Quarterly
ISBN: 9780822367529
Category : Social Science
Languages : en
Pages : 0
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Book Description
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: J. Kehaulani Kauanui
Publisher: Duke University Press
ISBN: 0822371960
Category : History
Languages : en
Pages : 298
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Book Description
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: S. James Anaya
Publisher:
ISBN: 9780195173505
Category : Law
Languages : en
Pages : 414
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Book Description
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: N. Bruce Duthu
Publisher: Penguin
ISBN: 1101157917
Category : History
Languages : en
Pages : 310
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Book Description
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: Kriti Kapila
Publisher: HAU Books
ISBN: 1912808471
Category : Social Science
Languages : en
Pages : 209
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Book Description
Nullius is an award-winning anthropological account of the troubled status of ownership in India and its consequences for our understanding of sovereignty and social relations. Though property rights and ownership are said to be a cornerstone of modern law, in the Indian case they are often a spectral presence. Kapila offers a detailed study of paradigms where proprietary relations have been erased, denied, misappropriated. The book examines three forms of negation, where the Indian state de facto adopted doctrines of terra nullius (in the erasure of indigenous title), res nullius (in acquiring museum objects), and, controversially, corpus nullius (in denying citizens ownership of their bodies under biometrics). The result is a pathbreaking reconnection of questions of property, exchange, dispossession, law, and sovereignty. Nullius is the winner of the 2024 Bernard S. Cohn Prize, Association of Asian Studies.
Author: Jonas Bens
Publisher: University of Pennsylvania Press
ISBN: 0812252306
Category : Political Science
Languages : en
Pages : 256
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Book Description
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: Katrina Jagodinsky
Publisher: Yale University Press
ISBN: 0300211686
Category : History
Languages : en
Pages : 352
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Book Description
CHAPTER 7. Louisa Enick, "Hemmed In on All Sides": Washington, 1855-1935 -- CHAPTER 8. "The Acts of Forgetfulness": Indigenous Women's Legal History in Archives and Tribal Offices Throughout the North American West -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Y -- Z
Author: Karena Shaw
Publisher: Routledge
ISBN: 113597036X
Category : Philosophy
Languages : en
Pages : 256
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Book Description
An innovative and critical reassessment of sovereignty in political theory disputing assumptions that challenges posed by indigenous politics are not marginal but central to contemporary political theory.
Author: Joanne Barker
Publisher: Duke University Press
ISBN: 0822373165
Category : Social Science
Languages : en
Pages : 297
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Book Description
Critically Sovereign traces the ways in which gender is inextricably a part of Indigenous politics and U.S. and Canadian imperialism and colonialism. The contributors show how gender, sexuality, and feminism work as co-productive forces of Native American and Indigenous sovereignty, self-determination, and epistemology. Several essays use a range of literary and legal texts to analyze the production of colonial space, the biopolitics of “Indianness,” and the collisions and collusions between queer theory and colonialism within Indigenous studies. Others address the U.S. government’s criminalization of traditional forms of Diné marriage and sexuality, the Iñupiat people's changing conceptions of masculinity as they embrace the processes of globalization, Hawai‘i’s same-sex marriage bill, and stories of Indigenous women falling in love with non-human beings such as animals, plants, and stars. Following the politics of gender, sexuality, and feminism across these diverse historical and cultural contexts, the contributors question and reframe the thinking about Indigenous knowledge, nationhood, citizenship, history, identity, belonging, and the possibilities for a decolonial future. Contributors. Jodi A. Byrd, Joanne Barker, Jennifer Nez Denetdale, Mishuana Goeman, J. Kēhaulani Kauanui, Melissa K. Nelson, Jessica Bissett Perea, Mark Rifkin
