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The land is our history : indigeneity, law, and the settler state / Miranda Johnson.

By: Johnson, Miranda C. L.
Material type: materialTypeLabelBookPublisher: New York, NY : Oxford University Press, [2016]Copyright date: ©2016Description: x, 233 pages : illustrations, maps ; 24 cm.Content type: text | still image | cartographic image Media type: unmediated Carrier type: volumeISBN: 9780190600068 (paperback).Subject(s): Maori (New Zealand people) -- Legal status, laws, etc | Indians of North America -- Legal status, laws, etc. -- Canada | Aboriginal Australians -- Legal status, laws, etcDDC classification: 342.0872
Contents:
Introduction: A fragile truce -- Citizens plus : new indigenous activism in Australia and Canada -- Australia's first, first people -- Frontier justice in Canada's north -- Commissions of inquiry and the idea of a new social contract -- Making a "partnership between races" : Maori activism and the Treaty of Waitangi -- The Pacific way -- Epilogue: Truce undone.
Summary: "The Land Is Our History tells the story of indigenous legal activism at a critical political and cultural juncture in Australia, Canada, and New Zealand. In the late 1960s, indigenous activists protested assimilation policies and the usurpation of their lands as a new mining boom took off, radically threatening their collective identities. Often excluded from legal recourse in the past, indigenous leaders took their claims to court with remarkable results: for the first time, their distinctive histories were admitted as evidence of their rights. Miranda Johnson examines how indigenous peoples advocated for themselves in courts and commissions of inquiry between the early 1970s to the mid-1990s, chronicling an extraordinary and overlooked history in which virtually disenfranchised peoples forced powerful settler democracies to reckon with their demands. Based on extensive archival research and interviews with leading participants, The Land Is Our History brings to the fore complex and rich discussions among activists, lawyers, anthropologists, judges, and others in the context of legal cases in far-flung communities dealing with rights, history, and identity. The effects of these debates were unexpectedly wide-ranging. By asserting that they were the first peoples of the land, indigenous leaders compelled the powerful settler states that surrounded them to negotiate their rights and status. Fracturing national myths and making new stories of origin necessary, indigenous peoples' claims challenged settler societies to rethink their sense of belonging"--Provided by publisher.
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Enhanced descriptions from Syndetics:

The Land Is Our History tells the story of indigenous legal activism at a critical political and cultural juncture in Australia, Canada, and New Zealand. In the late 1960s, indigenous activists protested assimilation policies and the usurpation of their lands as a new mining boom took off, radically threatening their collective identities. Often excluded from legal recourse in the past, indigenous leaders took their claims to court with remarkable results. For the first time, their distinctive histories were admitted as evidence of their rights.Miranda Johnson examines how indigenous peoples advocated for themselves in courts and commissions of inquiry between the early 1970s to the mid-1990s, chronicling an extraordinary and overlooked history in which virtually disenfranchised peoples forced powerful settler democracies to reckon with their demands. Based on extensive archival research and interviews with leading participants, The Land Is Our History brings to the fore complex and rich discussions among activists, lawyers, anthropologists, judges, and others in the context of legal cases in far-flung communities dealing with rights, history, and identity. The effects of these debates were unexpectedly wide-ranging. By asserting that they were the first peoples of the land, indigenous leaders compelled the powerful settler states that surrounded them to negotiate their rights and status. Fracturing national myths and making new stories of origin necessary, indigenous peoples' claims challenged settler societies to rethink their sense of belonging.Key Features:First single-authored history to synthesise and examine indigenous legal claims in Australia, Canada, and New ZealandFocuses on how indigenous agency in the late twentieth century forced settler states to engage in rights negotiationsDemonstrates the distinctiveness of postcolonial politics in Anglo settler statesShows how indigenous claims in the 1970s were enmeshed with the changing politics of national identity in Australia, New Zealand, and Canada, as each threw off ties to Britain and sought out new postcolonial identitiesComparatively examines the unexpected effects of indigenous peoples' claims on broader issues of national identity and state-building

Includes bibliographical references and index.

Introduction: A fragile truce -- Citizens plus : new indigenous activism in Australia and Canada -- Australia's first, first people -- Frontier justice in Canada's north -- Commissions of inquiry and the idea of a new social contract -- Making a "partnership between races" : Maori activism and the Treaty of Waitangi -- The Pacific way -- Epilogue: Truce undone.

"The Land Is Our History tells the story of indigenous legal activism at a critical political and cultural juncture in Australia, Canada, and New Zealand. In the late 1960s, indigenous activists protested assimilation policies and the usurpation of their lands as a new mining boom took off, radically threatening their collective identities. Often excluded from legal recourse in the past, indigenous leaders took their claims to court with remarkable results: for the first time, their distinctive histories were admitted as evidence of their rights. Miranda Johnson examines how indigenous peoples advocated for themselves in courts and commissions of inquiry between the early 1970s to the mid-1990s, chronicling an extraordinary and overlooked history in which virtually disenfranchised peoples forced powerful settler democracies to reckon with their demands. Based on extensive archival research and interviews with leading participants, The Land Is Our History brings to the fore complex and rich discussions among activists, lawyers, anthropologists, judges, and others in the context of legal cases in far-flung communities dealing with rights, history, and identity. The effects of these debates were unexpectedly wide-ranging. By asserting that they were the first peoples of the land, indigenous leaders compelled the powerful settler states that surrounded them to negotiate their rights and status. Fracturing national myths and making new stories of origin necessary, indigenous peoples' claims challenged settler societies to rethink their sense of belonging"--Provided by publisher.

Table of contents provided by Syndetics

  • Acknowledgments (p. vii)
  • A Note on Terms (p. xi)
  • Introduction. A Fragile Truce (p. 1)
  • 1 Citizens Plus: New Indigenous Activism in Australia and Canada (p. 15)
  • 2 Australia's First "First People" (p. 35)
  • 3 Frontier Justice and Self-Determination in Canada's North (p. 56)
  • 4 Commissions of Inquiry and the Idea of a New Social Contract (p. 81)
  • 5 Making a "Partnership between Races": Maori Activism and the Treaty of Waitangi (p. 107)
  • 6 The Pacific Way (p. 132)
  • Epilogue. Truce Undone (p. 161)
  • Notes (p. 167)
  • Bibliography (p. 203)
  • Index (p. 223)

Reviews provided by Syndetics

CHOICE Review

The Land Is Our History walks through the innovative legal theories necessary for Indigenous peoples throughout New Zealand, Australia, and Canada to pursue land rights claims in settler courtrooms. Evidentiary and procedural requirements of the various legal systems were ill-equipped to consider their evidence. Despite these requirements, the author gives detailed examples of activists and attorneys who worked together to find novel ways to have their claims recognized and heard. Credit is also given to the elders' persuasiveness due to their heartfelt connections with the land. By not addressing land rights issues in the US in the same manner, this book creates opportunities for students to research parallel time lines, activism, and legal strategies in the US. The bibliography is extensive and would serve as a worthy resource for students with an interest in Indigenous land rights, activism, and sovereignty. Although the reading level may be appropriate for most first- and second-year college students, the author covers many legal concepts, procedures, and and much history quickly. However, as most of the cases and situations are discussed individually, some of the stories can be excerpted and assigned in a way that lower-division undergraduates would find meaningful. Summing Up: Highly recommended. Lower-division undergraduates through professionals. --Anastasia T Housley, University of Arizona, James E. Rogers College of Law