Declarations of Interdependence

Anker, Kirsten

doi:10.4324/9781315576169

Cited by 5 publications

(2 citation statements)

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“…Much recent work on Indigenous treaty-making has argued that treaties were frequently seen as a way to forge and maintain relationships with settlers and (in a more abstract sense) with empire -not final contractual arrangements so much as ongoing processes, implying mutual obligations. 119 This is certainly an understanding that has come to the fore in recent reconsiderations of what it means for Canadians to be a 'treaty people'. 120 Although Cree and Haudenosaunee understandings of treaties were and are necessarily different, and although the historical moments and circumstances under which members of these groups signed a diversity of treaties differed, these comments from northern Cree lawyer and writer Harold Johnson in a recent book tellingly entitled Two Families: Treaties and Government are nonetheless suggestive: before the revolution agreed.…”

Section: Kinship and The Politics Of Belongingmentioning

confidence: 99%

Empire, Kinship and Violence

Elbourne¹

2022

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Empire, Kinship and Violence traces the history of three linked imperial families in Britain and across contested colonial borderlands from 1770 to 1842. Elizabeth Elbourne tracks the Haudenosaunee Brants of northeastern North America from the American Revolution to exile in Canada; the Bannisters, a British family of colonial administrators, whistleblowers and entrepreneurs who operated across Australia, Canada and southern Africa; and the Buxtons, a family of British abolitionists who publicized information about what might now be termed genocide towards Indigenous peoples while also pioneering humanitarian colonialism. By recounting the conflicts that these interlinked families were involved in she tells a larger story about the development of British and American settler colonialism and the betrayal of Indigenous peoples. Through an analysis of the changing politics of kinship and violence, Elizabeth Elbourne sheds new light on transnational debates about issues such as Indigenous sovereignty claims, British subjecthood, violence, land rights and cultural assimilation.

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Section: Kinship and The Politics Of Belongingmentioning

confidence: 99%

Empire, Kinship and Violence

Elbourne¹

2022

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“…This approach is informed by jurisprudence in the fields of sociology of law and law and the humanities. In particular, the analysis draws on, and seeks to extend, the ‘critical legal pluralism’ developed by Roderick Macdonald (see Kleinhans and Macdonald, 1997; Macdonald, 2011; see also Anker, 2014; Chalmers, 2017; Davies, 2005, 2017). While there are many different understandings of legal pluralism, traditional social-scientific versions tend to focus on the coexistence of a plurality of legal orders.…”

Section: Duplicitous Lawmentioning

confidence: 99%

Terra Nullius? Temporal Legal Pluralism in an Australian Colony

Chalmers

2019

Social & Legal Studies

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There remains a puzzle as to the status of Indigenous land rights in Australian colonial law. The common view is that the laws of the British colonies, and subsequently of the federated state, did not recognise Indigenous land rights until late in the 20th century. Against this, a smaller body of scholarship argues that recognition had already occurred much earlier, the clearest instance being in the colony of South Australia in the 1830s and 1840s. The result is an apparent duplicity in the colonial law, whereby Indigenous land rights appear to have been both recognised and denied. The article shows a tendency in the scholarly literature to resolve this duplicity in absolute terms, based on positivist analysis of law. In contrast, by taking a critical legal pluralist approach, the article shows how different and even contradictory manifestations of the same law subsisted simultaneously through time. This both sheds new light on the question of the recognition of Indigenous land rights in Australian colonial law, and contributes theoretically to ‘critical legal pluralism’ by developing its temporal dimension.

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The festival as constitutional event and as jurisdictional encounter: colonial Victoria and the Independent Order of Black Fellows

Chalmers

2021

Griffith Law Review

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Declarations of Interdependence

Cited by 5 publications

References 0 publications

Empire, Kinship and Violence

Empire, Kinship and Violence

Terra Nullius? Temporal Legal Pluralism in an Australian Colony

The festival as constitutional event and as jurisdictional encounter: colonial Victoria and the Independent Order of Black Fellows

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