Telling the crucial and under-studied story of the U.S. legal doctrines that underpin the dispossession and domination of Indigenous peoples, this book intends to enhance global Indigenous movements for self-determination. In this wide-ranging historical study of federal Indian law--the field of U.S. law related to Native peoples--attorney and educator Peter P. d'Errico argues that the U.S. government's assertion of absolute prerogative and unlimited authority over Native peoples and their lands is actually a suspension of ...
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Telling the crucial and under-studied story of the U.S. legal doctrines that underpin the dispossession and domination of Indigenous peoples, this book intends to enhance global Indigenous movements for self-determination. In this wide-ranging historical study of federal Indian law--the field of U.S. law related to Native peoples--attorney and educator Peter P. d'Errico argues that the U.S. government's assertion of absolute prerogative and unlimited authority over Native peoples and their lands is actually a suspension of law. Combining a deep theoretical analysis of the law with a historical examination of its roots in Christian civilization, d'Errico presents a close reading of foundational legal cases and raises the possibility of revoking the doctrine of domination. The book's larger context is the increasing frequency of Indigenous conflicts with nation-states around the world as ecological crises caused by industrial extraction impinge drastically on Indigenous peoples' existences. D'Errico's goal is to rethink the role of law in the global order--to imagine an Indigenous nomos of the earth, an order arising from peoples and places rather than the existing hegemony of states. Combines a deep theoretical analysis of the law with historical perspective Argues that federal Indian law is an exception from regular legal processes Offers a global Indigenous perspective on human civilization Provides analysis from an attorney and educator with decades of experience in federal Indian law
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