This book is concerned with the contrasting juridical narratives of the coloniser and the colonised - specifically, of non-Indigenous and Indigenous law - and their expression in law and literature. While the Indigene before the law is subject to the violence of its determinate impositions, this book draws on a range of contemporary theorists to argue that Indigenous narrative, particularly as it appears in Indigenous authored literature, evokes a disruptive and transformative dynamism within non-Indigenous law. In so doing, the book addresses the troubled juxtaposition of law and justice.
This book is concerned with the contrasting juridical narratives of the coloniser and the colonised - specifically, of non-Indigenous and Indigenous law - and their expression in law and literature. While the Indigene before the law is subject to the violence of its determinate impositions, this book draws on a range of contemporary theorists to argue that Indigenous narrative, particularly as it appears in Indigenous authored literature, evokes a disruptive and transformative dynamism within non-Indigenous law. In so doing, the book addresses the troubled juxtaposition of law and justice.
Kathleen Birrell is based at Melbourne Law School, Australia.
Inhaltsangabe
PART I: NARRATIVES Introduction The Question of Indigeneity (Mis)recognising Indigeneity The Legal Indigene Performing Indigeneity Unsettling Indigeneity The Literary Indigene A Strange Play Puncturing the Horizon Positioning To Speak of the Other Synopsis PART II: INDIGENEITY Introduction An Imperial Orientation Subjects of Empire An Impossible Object Return of the Native The Proper Indigene The Legal Archive An Originary Indigeneity An Essential Ghost Indigeneity as Other Desiring Indigeneity Before the Law PART III: LAW Introduction Juridical Violence The Madness of the Decision Justice as Law An Idea of Justice Legitimate Fictions The Last Uncharted Continent The Colonial Gaze Origin and Content Mythic Indigeneity The Ancient Tribe Law as Literature PART IV: LITERATURE Introduction A Fictive Institution The Postcolonial Project Mimetic Indigeneities Becoming Indigeneity (Re)imagining Indigeneity A Law of Alterity A Subversive Juridicity Recuperative Jurisprudences Decolonising Country Beyond the Law To Conclude
PART I: NARRATIVES Introduction The Question of Indigeneity (Mis)recognising Indigeneity The Legal Indigene Performing Indigeneity Unsettling Indigeneity The Literary Indigene A Strange Play Puncturing the Horizon Positioning To Speak of the Other Synopsis PART II: INDIGENEITY Introduction An Imperial Orientation Subjects of Empire An Impossible Object Return of the Native The Proper Indigene The Legal Archive An Originary Indigeneity An Essential Ghost Indigeneity as Other Desiring Indigeneity Before the Law PART III: LAW Introduction Juridical Violence The Madness of the Decision Justice as Law An Idea of Justice Legitimate Fictions The Last Uncharted Continent The Colonial Gaze Origin and Content Mythic Indigeneity The Ancient Tribe Law as Literature PART IV: LITERATURE Introduction A Fictive Institution The Postcolonial Project Mimetic Indigeneities Becoming Indigeneity (Re)imagining Indigeneity A Law of Alterity A Subversive Juridicity Recuperative Jurisprudences Decolonising Country Beyond the Law To Conclude
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