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In the American imagination "the West" denotes a border-between civilization and wilderness, past and future, native and newcomer-and its lawlessness is legendary. In fact, there was an abundance of law in the West, as in all borderland regions of vying and overlapping claims, jurisdictions, and domains. It is this legal borderland that Beyond the Borders of the Law explores. Combining the concepts and insights of critical legal studies and western/borderlands history, this book demonstrates how profoundly the North American West has been, and continues to be, a site of contradictory, overlapping, and overreaching legal structures and practices steeped in articulations of race, gender, and power. The authors in this volume take up topics and time periods that include Native history, the US-Canada and US-Mexico borders, regions from Texas to Alaska and Montana to California, and a chronology that stretches from the mid-nineteenth century to the near-present. From water rights to women's rights, from immigrant to indigenous histories, from disputes over coal deposits to child custody, their essays chronicle the ways in which marginalized westerners have leveraged and resisted the law to define their own rights and legacies. For the authors, legal borderlands might be the legal texts that define and regulate geopolitical borders, or they might be the ambiguities or contradictions creating liminal zones within the law. In their essays, and in the volume as a whole, the concept of legal borderlands proves a remarkably useful framework for finally bringing a measure of clarity to a region characterized by lawful disorder and contradiction.
In the past, Western Canada was a place of new directions in human thought and action, migrations of the mind and body, and personal journeys. This book anthology brings together studies exploring the way the west served as a place of constant movement between places of spiritual, subsistence and aesthetic importance. The region, it would seem, gained its very life in the movement of its people. Finding Directions West: Readings that Locate and Dislocate Western Canada's Past, showcases new Western Canadian research on the places found and inhabited by indigenous people and newcomers, as well as their strategies to situate themselves, move on to new homes or change their environments to recreate the West in profoundly different ways. These studies range from the way indigenous people found representation in museum displays, to the archival home newcomers found for themselves: how, for instance, the LGBT community found a place, or not, in the historical record itself. Other studies examine the means by which MA (c)tis communities, finding the west transforming around them, turned to grassroots narratives and historical preservation in order to produce what is now appreciated as vernacular histories of inestimable value. In another study, the issues confronted by the Stoney Nakoda who found their home territory rapidly changing in the treaty and reserve era is examined: how Stoney connections to Indian agents and missionaries allowed them to pursue long-distance subsistence strategies into the pioneer era. The anthology includes an analysis of a lengthy travel diary of an English visitor to Depression-era Alberta, revealing how she perceived the region in a short government-sponsored inquiry. Other studies examine the ways women, themselves newcomers in pioneering society, evaluated new immigrants to the region and sought to extend, or not, the vote to them; and the ways early suffrage activists in Alberta and England by World War I developed key ideas when they cooperated in publicity work in Western Canada. Finding Directions West also includes a study on ranchers and how they initially sought to circumscribe their practices around large landholdings in periods of drought, to the architectural designs imported to places such as the Banff Centre that defied the natural geography of the Rocky Mountains. Too often, Western Canadian history is understood as a fixed, precisely mapped and authoritatively documented place. This anthology prompts readers to think differently about a region where ideas, people and communities were in a constant but energetic flux, and how newcomers converged into sometimes impermanent homes or moved on to new experiences to leave a significant legacy for the present-day.
Katrina Jagodinsky's enlightening history is the first to focus on indigenous women of the Southwest and Pacific Northwest and the ways they dealt with the challenges posed by the existing legal regimes of the nineteenth and twentieth centuries. In most western states, it was difficult if not impossible for Native women to inherit property, raise mixed-race children, or take legal action in the event of rape or abuse. Through the experiences of six indigenous women who fought for personal autonomy and the rights of their tribes, Jagodinsky explores a long yet generally unacknowledged tradition of active critique of the U.S. legal system by female Native Americans. Published in cooperation with the William P. Clements Center for Southwest Studies, Southern Methodist University
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