1st Edition

Indigeneity: Before and Beyond the Law





ISBN 9781138570375
Published October 11, 2017 by Routledge
268 Pages

USD $54.95

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Book Description

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.

Table of Contents

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

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Author(s)

Biography

Kathleen Birrell is based at Melbourne Law School, Australia.