Native Claims: Indigenous Law against Empire, 1500-1920

Paperback | July 17, 2014

EditorSaliha Belmessous

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This groundbreaking collection of essays shows that, from the moment European expansion commenced through to the twentieth century, indigenous peoples from America, Africa, Australia and New Zealand drafted legal strategies to contest dispossession. The story of indigenous resistance toEuropean colonization is well known. But legal resistance has been wrongly understood to be a relatively recent phenomenon. These essays demonstrate how indigenous peoples throughout the world opposed colonization not only with force, but also with ideas. They made claims to territory using legalarguments drawn from their own understanding of a law that applies between peoples - a kind of law of nations, comparable to that being developed by Europeans. The contributors to this volume argue that in the face of indigenous legal arguments, European justifications of colonization should beunderstood not as an original and originating legal discourse but, at least in part, as a form of counter-claim. Native Claims: Indigenous Law against Empire, 1500-1920 brings together the work of eminent social and legal historians, literary scholars, and philosophers, including Rolena Adorno, Lauren Benton, Duncan Ivison, and Kristin Mann. Their combined expertise makes this volume uniquely expansive in itscoverage of a crucial issue in global and colonial history. The various essays treat sixteenth- and seventeenth-century Latin America, seventeenth- and eighteenth-century North America (including the British colonies and French Canada), and nineteenth-century Australasia and Africa. There is noother book that examines the issue of European dispossession of native peoples in such a way.

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This groundbreaking collection of essays shows that, from the moment European expansion commenced through to the twentieth century, indigenous peoples from America, Africa, Australia and New Zealand drafted legal strategies to contest dispossession. The story of indigenous resistance toEuropean colonization is well known. But legal res...

Saliha Belmessous is Senior Research Fellow in History at the University of New South Wales.

other books by Saliha Belmessous

Assimilation and Empire: Uniformity in French and British Colonies, 1541-1954
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Hardcover|Mar 14 2013

$51.04 online$73.50list price(save 30%)
Format:PaperbackDimensions:288 pages, 9.21 × 6.14 × 0.68 inPublished:July 17, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199386110

ISBN - 13:9780199386116

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Table of Contents

Saliha Belmessous: Introduction: The Problem of Indigenous Claim Making in Colonial History1. Lauren Benton: Possessing Empire: Iberian Claims and Interpolity Law2. R. Jovita Baber: Law, Land and Legal Rhetoric in Colonial New Spain: A Look at the Changing Rhetoric of Indigenous Americans in the Sixteenth Century3. Rolena Adorno: Court and Chronicle: A Native Andean's Engagement with Spanish Colonial Law4. Andrew Fitzmaurice: Powhatan Legal Claims5. Saliha Belmessous: Wabanaki versus French and English Claims in Northeastern North America, c. 17156. Craig Yirush: "Chief Princes and Owners of All": Native American Appeals to the Crown in the Early Modern British Atlantic7. Mark Hickford: Framing and Reframing the Agon: Contesting Narratives and Counter-Narratives on Maori Property Rights and Political Constitutionalism, 1840-18618. Ann Curthoys and Jessie Mitchell: "Bring this paper to the Good Governor": Indigenous Petitioning in Britain's Australian Colonies9. Christopher Hilliard: The Native Land Court: Making Property in Nineteenth-Century New Zealand10. Kristin Mann: African and European Initiatives in the Transformation of Land Tenure in Colonial Lagos (West Africa), 1840-1920Duncan Ivison: Afterword: The Normative Force of the PastContributorsIndex