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The literary and legal genealogy of Native American dispossession : the Marshall cases trilogy  Cover Image Book Book

The literary and legal genealogy of Native American dispossession : the Marshall cases trilogy / George D. Pappas.

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.

Record details

  • ISBN: 9781138188723
  • ISBN: 1138188727
  • Physical Description: viii, 242 pages : illustrations ; 24 cm.
  • Publisher: Milton Park, Abingdon, Oxon ; Routledge, 2017.

Content descriptions

Bibliography, etc. Note:
Includes bibliographical references (pages 222-233) and index.
Formatted Contents Note:
Machine generated contents note: pt. I Theoretical foundations and the Marshall Trilogy cases -- 1. Theoretical framework -- 2. Marshall Trilogy cases: an overview -- 3. Colonial knowledge: a unity of discourses -- pt. II Refining the Native American -- 4. Theory of discourse in a colonial context: Edward Said and the American eighteenth-century literary archive -- 5. discourse of the vanishing Indian in literature -- 6. Fenimore Cooper's The Last of the Mohicans -- 7. wilderness in American art and literature -- pt. III Resistance to colonial discourse -- 8. Law and literature -- 9. Cherokee resistance: mimicry as deception.
Subject: Marshall, John, 1755-1835.
United States. Supreme Court > History.
Marshall, John, 1755-1835.
United States. Supreme Court.
Indians of North America > Legal status, laws, etc. > History > 19th century.
Indians of North America > Relocation.
Indians of North America > Land tenure.
Indians in literature.
Indians of North America > Government relations.
Discourse analysis, Literary > United States > History.
Land tenure > Government policy > United States.
Discourse analysis, Literary.
Indians in literature.
Indians of North America > Government relations.
Indians of North America > Land tenure.
Indians of North America > Legal status, laws, etc.
Indians of North America > Relocation.
Land tenure > Government policy.
United States.
Genre: History.
Topic Heading: Aboriginal
First Nations

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