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The Literary and Legal Genealogy of Native American Dispossession: The Marshall Trilogy Cases
Contributor(s): Pappas, George D. (Author)
ISBN: 1138188727     ISBN-13: 9781138188723
Publisher: Routledge
OUR PRICE:   $171.00  
Product Type: Hardcover - Other Formats
Published: July 2016
Qty:
Additional Information
BISAC Categories:
- History | Native American
- History | United States - 19th Century
- History | Civilization
Dewey: 342.730
LCCN: 2016000850
Series: Indigenous Peoples and the Law
Physical Information: 0.8" H x 6.2" W x 9.2" (1.10 lbs) 242 pages
Themes:
- Ethnic Orientation - Native American
- Chronological Period - 19th Century
 
Descriptions, Reviews, Etc.
Publisher Description:

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.