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Native claims : indigenous law against empire, 1500-1920 / edited by Saliha Belmessous
Bib ID 5752908
Format BookBook
Description Oxford ; New York : Oxford University Press, ©2012 
vii, 278 p. : ill., maps ; 25 cm. 
ISBN 9780199794850

"This groundbreaking collection of essays shows that, from the moment European expansion commenced through to the twentieth century, indigenous peoples from America, Africa, Australia and New Zealand drafted legal strategies to contest dispossession. The story of indigenous resistance to European colonization is well known. But legal resistance has been wrongly understood to be a relatively recent phenomenon. These essays demonstrate how indigenous peoples throughout the world opposed colonization not only with force, but also with ideas. They made claims to territory using legal arguments drawn from their own understanding of a law that applies between peoples--a kind of law of nations, comparable to that being developed by Europeans. The contributors to this volume argue that in the face of indigenous legal arguments, European justifications of colonization should be understood not as an original and originating legal discourse but, at least in part, as a form of counter-claim. Native Claims: Indigenous Law against Empire, 1500-1920 brings together the work of eminent social and legal historians, literary scholars, and philosophers, including Rolena Adorno, Lauren Benton, Duncan Ivison, and Kristin Mann. Their combined expertise makes this volume uniquely expansive in its coverage of a crucial issue in global and colonial history. The various essays treat sixteenth- and seventeenth-century Latin America, seventeenth- and eighteenth-century North America (including the British colonies and French Canada), and nineteenth-century Australasia and Africa. There is no other book that examines the issue of European dispossession of native peoples in such a way"--Provided by publisher.

Full contents
  • Introduction : the problem of indigenous claim making in colonial history / Saliha Belmessous
  • Possessing empire : Iberian claims and interpolity law / Lauren Benton
  • Law, land and legal rhetoric in colonial New Spain : a look at the changing rhetoric of indigenous Americans in the sixteenth century / R. Jovita Baber
  • Court and chronicle : a native Andean's engagement with Spanish colonial law / Rolena Adorno
  • Powhatan legal claims / Andrew Fitzmaurice
  • Wabanaki versus French and English claims in northeastern North America, c. 1715 / Saliha Belmessous
  • "Chief princes and owners of all" : Native American appeals to the crown in the early modern British Atlantic / Craig Yirush
  • Framing and reframing the agon : contesting narratives and counter-narratives on Maori property rights and political constitutionalism, 1840-1861 / Mark Hickford
  • "Bring this paper to the good governor" : indigenous petitioning in Britain's Australian colonies / Ann Curthoys and Jessie Mitchell
  • The Native Land Court : making property in nineteenth-century New Zealand / Christopher Hilliard

Includes bibliographical references and index.

Subjects Indigenous peoples -- Legal status, laws, etc. -- History.  |  Indigenous peoples -- Claims -- History.  |  Kaurna people (L3) (SA SI54-09)  |  Yorta Yorta / Yota Yota people (D2) (NSW SI55-13)  |  Indigenous peoples - Pacific - Maori.  |  Woiwurrung / Wurundjeri / Woiwurung people (S36) (Vic SJ55-05)  |  Settlement and contacts - Resettlement and removals.  |  Indigenous peoples - North America.  |  Religions - Christianity - Missions.  |  Daungwurrung / Taungurong people (S37) (Vic SJ55-02)  |  Indigenous peoples - South and Central America.  |  Ngarrindjeri / Narrinjeri people (S69) (SA SI54-13)  |  Boonwurrung / Boonerwrung / Bunurong people (S35) (Vic SJ55-09)  |  Government policy - Initial period and protectionism.  |  Settlement and contacts - Government settlements, reserves.  |  Politics and Government - Political action - Petitions.  |  Land rights - Claims, disputes, hearings.  |  Maloga (SW NSW SJ55-01)  |  North America.  |  South Australia (SA)  |  Africa.  |  Wybalenna (Flinders Island Tas SK55-02)  |  South America.  |  Sydney (NSW SI56-05)  |  New Zealand (NZ)  |  Cummeragunja (SW NSW SJ55-01)  |  Healesville / Coranderrk (E Vic Yarra Valley SJ55-06)  |  Australian
Other authors/contributors Belmessous, Saliha


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