The literary and legal genealogy of Native American dispossession : the Marshall Trilogy cases / George D. Pappas.
2017
KIE617 .P37 2017 (Mapit)
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Title
The literary and legal genealogy of Native American dispossession : the Marshall Trilogy cases / George D. Pappas.
Imprint
Abingdon, Oxon ; New York, NY : Routledge, Taylor & Francis Group, 2017.
Copyright
©2017.
Description
viii, 242 pages : illustrations ; 24 cm.
Series
Indigenous peoples and the law (Routledge (Firm))
Formatted Contents Note
Theoretical foundations and the Marshall Trilogy cases. Theoretical framework ; The Marshall Trilogy cases: an overview ; Colonial knowledge: a unity of discourses
Refining the Native American. Theory of discourse in a colonial context: Edward Said and the American eighteenth century literary archive ; The discourse of the vanishing Indian in literature ; Fenimore Cooper's The Last of the Mohicans ; The wilderness in American art and literature
Resistance to colonial discourse. Law and literature ; Cherokee resistance: mimicry as deception.
Refining the Native American. Theory of discourse in a colonial context: Edward Said and the American eighteenth century literary archive ; The discourse of the vanishing Indian in literature ; Fenimore Cooper's The Last of the Mohicans ; The wilderness in American art and literature
Resistance to colonial discourse. Law and literature ; Cherokee resistance: mimicry as deception.
Summary
"The Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases, Johnson v. M'Intosh (1823), Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832), collectively known as the Marshall Trilogy, have formed the legal basis for the dispossession of indigenous populations throughout the Commonwealth. The Trilogy cases are usually approached as 'pure' legal judgments. This book maintains, however, that it was the literary and public discourses from the early sixteenth through to the early nineteenth centuries that established a discursive tradition which, in part, transformed the American Indians from owners to 'mere occupants' of their land. Exploring the literary genesis of Marshall's judgments, George Pappas draws on the work of Michel Foucault, Edward Said and Homi Bhabha, to analyse how these formative U.S. Supreme Court rulings blurred the distinction between literature and law." -- Back cover.
Note
"A GlassHouse Book."
Bibliography, etc. Note
Includes bibliographical references (pages 222-233) and index.
Location
STA
Call Number
KIE617 .P37 2017
Language
English
ISBN
9781138188723 (hardback)
1138188727 (hardback)
9781315642130 (e-book)
1315642131 (e-book)
1138188727 (hardback)
9781315642130 (e-book)
1315642131 (e-book)
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