Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Border-Thinking. (1)
- Christian (1)
- Church (1)
- Colonialism (1)
- Court (1)
-
- Critical Social Theory (1)
- Crusades (1)
- Decoloniality (1)
- Discovery (1)
- Genocide (1)
- Historiography (1)
- Indian (1)
- Land (1)
- Law (1)
- Legal History (1)
- M'Intosh (1)
- Muscogee (1)
- Native American (1)
- Postcolonial Theory (1)
- Public International Law (1)
- Slavery (1)
- Temporality (1)
- Third World Approaches to International Law (TWAIL) (1)
- Trauma (1)
- Treaty (1)
Articles 1 - 2 of 2
Full-Text Articles in Legal History
The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix
The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix
Theses and Dissertations
The (hi)stories of international law have strengthened the tentacles of coloniality in the legal regime as they continue to taunt the precarious lifeworlds of people, our planet and social imaginaries of an otherwise. The flow of coloniality has similarly rematerialized in decolonial legal theories and the postcolonial historiographical accounts of international law. I intend to demonstrate this colonial revival in the groundbreaking text of Antony Anghie Imperialism, Sovereignty and the Creation of International Law (2005) which challenged the (hi)stories of traditional jurisprudence. The latter was not necessarily a rejection nor negation of Western thought, because I argue that postcolonial historiography …
Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell
Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell
Cal Poly Humboldt theses and projects
Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …