Sovereignty Indigeneity And The Law

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Hawaiian Blood

Author : J. Kehaulani Kauanui
Publisher : Duke University Press
ISBN 13 : 082239149X
Total Pages : 260 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis Hawaiian Blood by : J. Kehaulani Kauanui

Download or read book Hawaiian Blood written by J. Kehaulani Kauanui and published by Duke University Press. This book was released on 2008-11-07 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Hawaiian Homes Commission Act (HHCA) of 1921, the U.S. Congress defined “native Hawaiians” as those people “with at least one-half blood quantum of individuals inhabiting the Hawaiian Islands prior to 1778.” This “blood logic” has since become an entrenched part of the legal system in Hawai‘i. Hawaiian Blood is the first comprehensive history and analysis of this federal law that equates Hawaiian cultural identity with a quantifiable amount of blood. J. Kēhaulani Kauanui explains how blood quantum classification emerged as a way to undermine Native Hawaiian (Kanaka Maoli) sovereignty. Within the framework of the 50-percent rule, intermarriage “dilutes” the number of state-recognized Native Hawaiians. Thus, rather than support Native claims to the Hawaiian islands, blood quantum reduces Hawaiians to a racial minority, reinforcing a system of white racial privilege bound to property ownership. Kauanui provides an impassioned assessment of how the arbitrary correlation of ancestry and race imposed by the U.S. government on the indigenous people of Hawai‘i has had far-reaching legal and cultural effects. With the HHCA, the federal government explicitly limited the number of Hawaiians included in land provisions, and it recast Hawaiians’ land claims in terms of colonial welfare rather than collective entitlement. Moreover, the exclusionary logic of blood quantum has profoundly affected cultural definitions of indigeneity by undermining more inclusive Kanaka Maoli notions of kinship and belonging. Kauanui also addresses the ongoing significance of the 50-percent rule: Its criteria underlie recent court decisions that have subverted the Hawaiian sovereignty movement and brought to the fore charged questions about who counts as Hawaiian.

Sovereignty, Indigeneity, and the Law

Author : Eric Cheyfitz
Publisher : South Atlantic Quarterly
ISBN 13 : 9780822367529
Total Pages : 0 pages
Book Rating : 4.3/5 (675 download)

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Book Synopsis Sovereignty, Indigeneity, and the Law by : Eric Cheyfitz

Download or read book Sovereignty, Indigeneity, and the Law written by Eric Cheyfitz and published by South Atlantic Quarterly. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Indigenous groups include diverse cultures and colonial experiences, Indigenous communities around the globe are united by a common struggle: to achieve self-determination and land rights as original occupants of the land prior to colonization. Historically, Western law has served both as an instrument of colonial control and as a means for Indigenous peoples to assert their claims to sovereignty and territory against those of nation-states. The essays in this issue of SAQ consider historical and contemporary colonial conflicts and explore key topics in Indigenous studies, including land rights, human rights, legal jurisdiction, Indigenous governance, and questions of language, culture, and the environment. This wide-ranging collection addresses the political possibilities of Western law and the international meanings of sovereignty and Indigeneity. One essay analyzes the autonomous government through which local citizens in Indigenous Zapatista communities in Mexico hope to dissolve systems of top-down sovereignty altogether. Another explores narratives of Native American law and the treatment of sovereignty in contemporary Mohawk visual culture. Several essays discuss the legal and political implications of the field's pivotal public documents, including the 2007 U.N. Declaration on the Rights of Indigenous Peoples. Eric Cheyfitz is the Ernest I. White Professor of American Studies and Humane Letters in the Department of English at Cornell University. N. Bruce Duthu is the Samson Occom Professor of Native American Studies and Chair of the Native American Studies Program at Dartmouth College. Shari M. Huhndorf is Associate Professor of English at the University of Oregon. Contributors: Christine Black, Eric Cheyfitz, Gordon Christie, Chris Cunneen, Jonathan Goldberg-Hiller, Lorie M. Graham, Roy M. Huhndorf, Shari M. Huhndorf, Forrest Hylton, Mara Kaufman, Alvaro Reyes, Jolene Rickard, Carlos Salinas, Noenoe K. Silva, Cheryl Suzack, Siegfried Wiessner

Paradoxes of Hawaiian Sovereignty

Author : J. Kehaulani Kauanui
Publisher : Duke University Press
ISBN 13 : 0822371960
Total Pages : 298 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis Paradoxes of Hawaiian Sovereignty by : J. Kehaulani Kauanui

Download or read book Paradoxes of Hawaiian Sovereignty written by J. Kehaulani Kauanui and published by Duke University Press. This book was released on 2018-09-27 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Paradoxes of Hawaiian Sovereignty J. Kēhaulani Kauanui examines contradictions of indigeneity and self-determination in U.S. domestic policy and international law. She theorizes paradoxes in the laws themselves and in nationalist assertions of Hawaiian Kingdom restoration and demands for U.S. deoccupation, which echo colonialist models of governance. Kauanui argues that Hawaiian elites' approaches to reforming and regulating land, gender, and sexuality in the early nineteenth century that paved the way for sovereign recognition of the kingdom complicate contemporary nationalist activism today, which too often includes disavowing the indigeneity of the Kanaka Maoli (Indigenous Hawaiian) people. Problematizing the ways the positing of the Hawaiian Kingdom's continued existence has been accompanied by a denial of U.S. settler colonialism, Kauanui considers possibilities for a decolonial approach to Hawaiian sovereignty that would address the privatization and capitalist development of land and the ongoing legacy of the imposition of heteropatriarchal modes of social relations.

The Indigenous Paradox

Author : Jonas Bens
Publisher : University of Pennsylvania Press
ISBN 13 : 0812252306
Total Pages : 256 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis The Indigenous Paradox by : Jonas Bens

Download or read book The Indigenous Paradox written by Jonas Bens and published by University of Pennsylvania Press. This book was released on 2020-07-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: An investigation into how indigenous rights are conceived in legal language and doctrine In the twenty-first century, it is politically and legally commonplace that indigenous communities go to court to assert their rights against the postcolonial nation-state in which they reside. But upon closer examination, this constellation is far from straightforward. Indigenous communities make their claims as independent entities, governed by their own laws. And yet, they bring a case before the court of another sovereign, subjecting themselves to its foreign rule of law. According to Jonas Bens, when native communities enter into legal relationships with postcolonial nation-states, they "become indigenous." Indigenous communities define themselves as separated from the settler nation-state and insist that their rights originate from within their own system of laws. At the same time, indigenous communities must argue that they are incorporated in the settler nation-state to be able to use its judiciary to enforce these rights. As such, they are simultaneously included into and excluded from the state. Tracing how the indigenous paradox is inscribed into the law by investigating several indigenous rights cases in the Americas, from the early nineteenth century to the early twenty-first, Bens illustrates how indigenous communities have managed—and continue to manage—to navigate this paradox by developing lines of legal reasoning that mobilize the concepts of sovereignty and culture. Bens argues that understanding indigeneity as a paradoxical formation sheds light on pressing questions concerning the role of legal pluralism and shared sovereignty in contemporary multicultural societies.

Indigenous Peoples in International Law

Author : S. James Anaya
Publisher :
ISBN 13 : 9780195173505
Total Pages : 414 pages
Book Rating : 4.1/5 (735 download)

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Book Synopsis Indigenous Peoples in International Law by : S. James Anaya

Download or read book Indigenous Peoples in International Law written by S. James Anaya and published by . This book was released on 2004 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.

American Indians and the Law

Author : N. Bruce Duthu
Publisher : Penguin
ISBN 13 : 1101157917
Total Pages : 310 pages
Book Rating : 4.1/5 (11 download)

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Book Synopsis American Indians and the Law by : N. Bruce Duthu

Download or read book American Indians and the Law written by N. Bruce Duthu and published by Penguin. This book was released on 2008-01-31 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: A perfect introduction to a vital subject very few Americans understand-the constitutional status of American Indians Few American s know that Indian tribes have a legal status unique among America's distinct racial and ethnic groups: they are sovereign governments who engage in relations with Congress. This peculiar arrangement has led to frequent legal and political disputes-indeed, the history of American Indians and American law has been one of clashing values and sometimes uneasy compromise. In this clear-sighted account, American Indian scholar N. Bruce Duthu explains the landmark cases in Indian law of the past two centuries. Exploring subjects as diverse as jurisdictional authority, control of environmental resources, and the regulations that allow the operation of gambling casinos, American Indians and the Law gives us an accessible entry point into a vital facet of Indian history.

Indigenous Food Sovereignty in the United States

Author : Devon A. Mihesuah
Publisher : University of Oklahoma Press
ISBN 13 : 0806165782
Total Pages : 387 pages
Book Rating : 4.8/5 (61 download)

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Book Synopsis Indigenous Food Sovereignty in the United States by : Devon A. Mihesuah

Download or read book Indigenous Food Sovereignty in the United States written by Devon A. Mihesuah and published by University of Oklahoma Press. This book was released on 2019-08-02 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: “All those interested in Indigenous food systems, sovereignty issues, or environment, and their path toward recovery should read this powerful book.” —Kathie L. Beebe, American Indian Quarterly Centuries of colonization and other factors have disrupted indigenous communities’ ability to control their own food systems. This volume explores the meaning and importance of food sovereignty for Native peoples in the United States, and asks whether and how it might be achieved and sustained. Unprecedented in its focus and scope, this collection addresses nearly every aspect of indigenous food sovereignty, from revitalizing ancestral gardens and traditional ways of hunting, gathering, and seed saving to the difficult realities of racism, treaty abrogation, tribal sociopolitical factionalism, and the entrenched beliefs that processed foods are superior to traditional tribal fare. The contributors include scholar-activists in the fields of ethnobotany, history, anthropology, nutrition, insect ecology, biology, marine environmentalism, and federal Indian law, as well as indigenous seed savers and keepers, cooks, farmers, spearfishers, and community activists. After identifying the challenges involved in revitalizing and maintaining traditional food systems, these writers offer advice and encouragement to those concerned about tribal health, environmental destruction, loss of species habitat, and governmental food control.

Home Rule

Author : Nandita Sharma
Publisher : Duke University Press
ISBN 13 : 147800245X
Total Pages : 195 pages
Book Rating : 4.4/5 (78 download)

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Book Synopsis Home Rule by : Nandita Sharma

Download or read book Home Rule written by Nandita Sharma and published by Duke University Press. This book was released on 2020-02-14 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Home Rule Nandita Sharma traces the historical formation and political separation of Natives and Migrants from the nineteenth century to the present to theorize the portrayal of Migrants as “colonial invaders.” The imperial-state category of Native, initially a mark of colonized status, has been revitalized in what Sharma terms the Postcolonial New World Order of nation-states. Under postcolonial rule, claims to autochthony—being the Native “people of a place”—are mobilized to define true national belonging. Consequently, Migrants—the quintessential “people out of place”—increasingly face exclusion, expulsion, or even extermination. This turn to autochthony has led to a hardening of nationalism(s). Criteria for political membership have shrunk, immigration controls have intensified, all while practices of expropriation and exploitation have expanded. Such politics exemplify the postcolonial politics of national sovereignty, a politics that Sharma sees as containing our dreams of decolonization. Home Rule rejects nationalisms and calls for the dissolution of the ruling categories of Native and Migrant so we can build a common, worldly place where our fundamental liberty to stay and move is realized.

A Mosaic of Indigenous Legal Thought

Author : C.F. Black
Publisher : Routledge
ISBN 13 : 1315391082
Total Pages : 262 pages
Book Rating : 4.3/5 (153 download)

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Book Synopsis A Mosaic of Indigenous Legal Thought by : C.F. Black

Download or read book A Mosaic of Indigenous Legal Thought written by C.F. Black and published by Routledge. This book was released on 2016-11-10 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an Indigenous supplement to the rich and growing area of visual legal scholarship. Organized around three narratives, each with an associated politico-poetic reading, the book addresses three major global issues: climate change, the trade in human body parts and bio-policing. Manifesting and engaging the traditional storytelling mode of classical Indigenous ontology, these narratives convey legal and political knowledge, not merely through logical argument, but rather through the feelings of law and the understanding of lawful behaviour produced by their rhythm. Through its own performativity, therefore, the book demonstrates how classical Indigenous legal traditions remain vital to the now pressing challenge of making peace with the earth.

Legal Codes and Talking Trees

Author : Katrina Jagodinsky
Publisher : Yale University Press
ISBN 13 : 0300211686
Total Pages : 352 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Legal Codes and Talking Trees by : Katrina Jagodinsky

Download or read book Legal Codes and Talking Trees written by Katrina Jagodinsky and published by Yale University Press. This book was released on 2016-01-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: CHAPTER 7. Louisa Enick, "Hemmed In on All Sides": Washington, 1855-1935 -- CHAPTER 8. "The Acts of Forgetfulness": Indigenous Women's Legal History in Archives and Tribal Offices Throughout the North American West -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Y -- Z

Sovereignty Matters

Author : Joanne Barker
Publisher : U of Nebraska Press
ISBN 13 : 080325198X
Total Pages : 249 pages
Book Rating : 4.8/5 (32 download)

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Book Synopsis Sovereignty Matters by : Joanne Barker

Download or read book Sovereignty Matters written by Joanne Barker and published by U of Nebraska Press. This book was released on 2005-12-01 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty Matters investigates the multiple perspectives that exist within indigenous communities regarding the significance of sovereignty as a category of intellectual, political, and cultural work. Much scholarship to date has treated sovereignty in geographical and political matters solely in terms of relationships between indigenous groups and their colonial states or with a bias toward American contexts. This groundbreaking anthology of essays by indigenous peoples from the Americas and the Pacific offers multiple perspectives on the significance of sovereignty.

Racial Formation in the Twenty-First Century

Author : Daniel HoSang
Publisher : Univ of California Press
ISBN 13 : 0520273443
Total Pages : 390 pages
Book Rating : 4.5/5 (22 download)

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Book Synopsis Racial Formation in the Twenty-First Century by : Daniel HoSang

Download or read book Racial Formation in the Twenty-First Century written by Daniel HoSang and published by Univ of California Press. This book was released on 2012-09 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This collection of essays marking the twenty-fifth anniversary of the publication of Michael Omi and Howard Winant’s Racial Formation in the United States demonstrates the importance and influence of the concept of racial formation. The range of disciplines, discourses, ideas, and ideologies makes for fascinating reading, demonstrating the utility and applicability of racial formation theory to diverse contexts, while at the same time presenting persuasively original extensions and elaborations of it. This is an important book, one that sums up, analyzes, and builds on some of the most important work in racial studies during the past three decades."—George Lipsitz, author of How Racism Takes Place “Racial Formation in the Twenty-First Century is truly a state-of-the-field anthology, fully worthy of the classic volume it honors—timely, committed, sophisticated, accessible, engaging. The collection will be a boon to anyone wishing to understand the workings of race in the contemporary United States.” —Matthew Frye Jacobson, Professor of American Studies, Yale University “This stimulating and lively collection demonstrates the wide-ranging influence and generative power of Omi and Winant’s racial formation framework. The contributors are leading scholars in fields ranging from the humanities and social sciences to legal and policy studies. They extend the framework into new terrain, including non-U.S. settings, gender and sexual relations, and the contemporary warfare state. While acknowledging the pathbreaking nature of Omi and Winant’s intervention, the contributors do not hesitate to critique what they see as limitations and omissions. This is a must-read for anyone striving to make sense of tensions and contradictions in racial politics in the U.S. and transnationally.”—Evelyn Nakano Glenn, editor of Shades of Difference: Why Skin Color Matters

Red Skin, White Masks

Author : Glen Sean Coulthard
Publisher : U of Minnesota Press
ISBN 13 : 1452942439
Total Pages : 289 pages
Book Rating : 4.4/5 (529 download)

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Book Synopsis Red Skin, White Masks by : Glen Sean Coulthard

Download or read book Red Skin, White Masks written by Glen Sean Coulthard and published by U of Minnesota Press. This book was released on 2014-08-15 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: WINNER OF: Frantz Fanon Outstanding Book from the Caribbean Philosophical Association Canadian Political Science Association’s C.B. MacPherson Prize Studies in Political Economy Book Prize Over the past forty years, recognition has become the dominant mode of negotiation and decolonization between the nation-state and Indigenous nations in North America. The term “recognition” shapes debates over Indigenous cultural distinctiveness, Indigenous rights to land and self-government, and Indigenous peoples’ right to benefit from the development of their lands and resources. In a work of critically engaged political theory, Glen Sean Coulthard challenges recognition as a method of organizing difference and identity in liberal politics, questioning the assumption that contemporary difference and past histories of destructive colonialism between the state and Indigenous peoples can be reconciled through a process of acknowledgment. Beyond this, Coulthard examines an alternative politics—one that seeks to revalue, reconstruct, and redeploy Indigenous cultural practices based on self-recognition rather than on seeking appreciation from the very agents of colonialism. Coulthard demonstrates how a “place-based” modification of Karl Marx’s theory of “primitive accumulation” throws light on Indigenous–state relations in settler-colonial contexts and how Frantz Fanon’s critique of colonial recognition shows that this relationship reproduces itself over time. This framework strengthens his exploration of the ways that the politics of recognition has come to serve the interests of settler-colonial power. In addressing the core tenets of Indigenous resistance movements, like Red Power and Idle No More, Coulthard offers fresh insights into the politics of active decolonization.

Native Acts

Author : Joanne Barker
Publisher : Duke University Press
ISBN 13 : 0822348519
Total Pages : 298 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis Native Acts by : Joanne Barker

Download or read book Native Acts written by Joanne Barker and published by Duke University Press. This book was released on 2011-09-09 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exciting series combining a strong teenage appeal with a clear structural syllabus.

Galvanizing Nostalgia?

Author : Marjorie Mandelstam Balzer
Publisher : Cornell University Press
ISBN 13 : 1501759795
Total Pages : 271 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Galvanizing Nostalgia? by : Marjorie Mandelstam Balzer

Download or read book Galvanizing Nostalgia? written by Marjorie Mandelstam Balzer and published by Cornell University Press. This book was released on 2022-01-15 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Galvanizing Nostalgia? explores critical questions for the survival of Russia in its nominally federal form. Will Russia fall apart along the lines of its internal republics, as did the Soviet Union? Based on cultural anthropology field and historical research in major republics of Eastern Siberia—Sakha (Yakutia), Buryatia, and Tyva (Tuva)—this book highlights Indigenous concerns about self-determination. Marjorie Mandelstam Balzer suggests that a fragile and disorganized dynamic of nested sovereignties has developed within Russia. Ecology activism has grown, given new threats to the environment and accelerating climate challenges, especially in the Arctic. Focus on strategically chosen republics enables comparing and contrasting interethnic relations, language politics, and the salience of gender, demography, resource competition, environmental degradation, and increased spirituality. Republics vary in their neocolonial relationships to Moscow authorities. Some local leaders, such as a politicized shaman, use nostalgia for cultural achievements to galvanize citizens. Since the Soviet Union collapsed, cultural and political revitalization have been relatively more viable, although still difficult, in areas where Siberians have their own republics.

Indigenous Data Sovereignty

Author : Tahu Kukutai
Publisher : ANU Press
ISBN 13 : 1760460311
Total Pages : 344 pages
Book Rating : 4.7/5 (64 download)

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Book Synopsis Indigenous Data Sovereignty by : Tahu Kukutai

Download or read book Indigenous Data Sovereignty written by Tahu Kukutai and published by ANU Press. This book was released on 2016-11-14 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines

Performing Indigeneity

Author : Laura R. Graham
Publisher : U of Nebraska Press
ISBN 13 : 0803274165
Total Pages : 422 pages
Book Rating : 4.8/5 (32 download)

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Book Synopsis Performing Indigeneity by : Laura R. Graham

Download or read book Performing Indigeneity written by Laura R. Graham and published by U of Nebraska Press. This book was released on 2014-12-01 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This engaging collection of essays discusses the complexities of “being” indigenous in public spaces. Laura R. Graham and H. Glenn Penny bring together a set of highly recognized junior and senior scholars, including indigenous scholars, from a variety of fields to provoke critical thinking about the many ways in which individuals and social groups construct and display unique identities around the world. The case studies in Performing Indigeneity underscore the social, historical, and immediate contextual factors at play when indigenous people make decisions about when, how, why, and who can “be” indigenous in public spaces. Performing Indigeneity invites readers to consider how groups and individuals think about performance and display and focuses attention on the ways that public spheres, both indigenous and nonindigenous ones, have received these performances. The essays demonstrate that performance and display are essential to the creation and persistence of indigeneity, while also presenting the conundrum that in many cases “indigeneity” excludes some of the voices or identities that the category purports to represent.