2005
DOI: 10.1111/j.1540-5893.2005.00232.x
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Nation as Partnership: Law, “Race,” and Gender in Aotearoa New Zealand's Treaty Settlements

Abstract: This article uses postcolonial theory to analyze the dynamic convergence of two significant international trends in Aotearoa New Zealand: the movement for reparations for historical colonial injustices, and the economic reform process known as “structural adjustment,” or Reaganomics in the United States, which was intended to produce a competitive nation of individual entrepreneurs. It argues that analysis of the interrelationships of law, “race,” gender, and nation in this convergence illuminates the reproduc… Show more

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Cited by 21 publications
(14 citation statements)
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“…The influence of Christian missionaries during the middle decades of the 19th century and the transplantation of Western notions of law had gendered as well as racialized implications for native and immigrant peoples. Notions of race and gender were intrinsic to the colonial projects of Americans and Europeans (McClintock, 1995;Seuffert, 2005). The structure of the modernized nuclear family and related gender roles were inscribed by Western law on the indigenous populace of Hawai'i as well as on the successive waves of mostly non-White immigrants from Asia and other poor regions of the globe (Merry, 2000).…”
Section: Hawai'i's Colonial Legacymentioning
confidence: 99%
“…The influence of Christian missionaries during the middle decades of the 19th century and the transplantation of Western notions of law had gendered as well as racialized implications for native and immigrant peoples. Notions of race and gender were intrinsic to the colonial projects of Americans and Europeans (McClintock, 1995;Seuffert, 2005). The structure of the modernized nuclear family and related gender roles were inscribed by Western law on the indigenous populace of Hawai'i as well as on the successive waves of mostly non-White immigrants from Asia and other poor regions of the globe (Merry, 2000).…”
Section: Hawai'i's Colonial Legacymentioning
confidence: 99%
“…Many argue that this gap between formal and substantive rights and the difficulty of thinking intersectionally 3 about women and gender are legacies of the liberal legalism that predominates in this field. They offer as alternatives more complex structural analyses of law, rights regimes, and transitional justice (Boesten, 2014;Clarke, 2009;Meertens & Zambrano, 2010;Miller, 2008;Ross, 2003a;Seuffert, 2005;Smith, 2005Smith, , 2006Theidon, 2007).…”
Section: Transitional Justice Gender and Sexual Violencementioning
confidence: 99%
“…Establishing peace in a postcolonial era requires healing from sufferings endured and accountability for traumas perpetrated. Postcolonial approaches respond to questions regarding values, assumptions, and practices in a way in which empowerment and accountability are central tenets in the healing process (Hernandez et al, 2005;Seuffert, 2005). These approaches intend to promote balance between self-determination and distributive justice while locating individuals within the concrete realities of communities.…”
Section: Beginning the Healing Process: Critical Consciousness Empowmentioning
confidence: 99%