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The Literary and Legal Genealogy of Native American Dispossession - The Marshall Trilogy Cases (Hardcover)
Loot Price: R3,890
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The Literary and Legal Genealogy of Native American Dispossession - The Marshall Trilogy Cases (Hardcover)
Series: Indigenous Peoples and the Law
Expected to ship within 12 - 17 working days
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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.
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