The Literary and Legal Genealogy of Native American Dispossession: The Marshall Trilogy Cases

Author:   George Pappas
Publisher:   Taylor & Francis Ltd
ISBN:  

9781138188723


Pages:   242
Publication Date:   21 July 2016
Format:   Hardback
Availability:   In Print   Availability explained
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The Literary and Legal Genealogy of Native American Dispossession: The Marshall Trilogy Cases


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Overview

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.

Full Product Details

Author:   George Pappas
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Dimensions:   Width: 15.60cm , Height: 2.00cm , Length: 23.40cm
Weight:   0.476kg
ISBN:  

9781138188723


ISBN 10:   1138188727
Pages:   242
Publication Date:   21 July 2016
Audience:   College/higher education ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Part I Theoretical Foundations & The Marshall Trilogy Cases Chapter 1. Theoretical Foundations Chapter 2. The Marshall Trilogy Cases: An Overview Chapter 3. Colonial Knowledge: A Unity of Discourses Part II Refining the Native American Chapter 4 Theory of Discourse in a Colonial Context: Edward Said and the American Eighteenth Century Literary Archive Chapter 5 The Discourse of the Vanishing Indian in Literature Chapter 6 Fenimore Cooper’s The Last of the Mohicans Chapter 7 The Wilderness in American Art and Literature Part III Resistance to Colonial Discourse Chapter 8. Law and Literature Chapter 9. Cherokee Resistance: Mimicry as Deception

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Author Information

Dr. George D. Pappas is currently a practising lawyer in North Carolina, USA.

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