Indigeneity

Before and Beyond the Law
1. Auflage 2016
ISBN: 978-1-138-79332-3
Verlag: Routledge

Buch, Englisch, 268 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 573 g

Reihe: Indigenous Peoples and the Law

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.

Autoren/Hrsg.

Birrell, Kathleen

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein
• Rechtswissenschaften Arbeitsrecht Antidiskriminierung (AGG), Gleichbehandlung

Inhaltsverzeichnis

PART I: NARRATIVES

Introduction The Question of Indigeneity (Mis)recognising Indigeneity

The Legal Indigene Performing Indigeneity Unsettling Indigeneity

The Literary Indigene A Strange Play Puncturing the Horizon

Positioning To Speak of the Other Synopsis

PART II: INDIGENEITY

Introduction An Imperial Orientation Subjects of Empire

An Impossible Object Return of the Native The Proper Indigene

The Legal Archive An Originary Indigeneity An Essential Ghost

Indigeneity as Other Desiring Indigeneity Before the Law

PART III: LAW

Introduction Juridical Violence The Madness of the Decision

Justice as Law An Idea of Justice Legitimate Fictions

The Last Uncharted Continent The Colonial Gaze Origin and Content

Mythic Indigeneity The Ancient Tribe Law as Literature

PART IV: LITERATURE

Introduction A Fictive Institution The Postcolonial Project

Mimetic Indigeneities Becoming Indigeneity (Re)imagining Indigeneity

A Law of Alterity A Subversive Juridicity Recuperative Jurisprudences

Decolonising Country Beyond the Law To Conclude

Über Autor(innen)

Kathleen Birrell is based at Melbourne Law School, Australia.