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

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. THE LITERARY AND LEGAL GENEALOGY OF NATIVE AMERICAN DISPOSSESSION INDIGENOUS PEOPLES AND THE LAW TITLE COPYRIGHT CONTENTS ACKNOWLEDGMENTS INTRODUCTION STRUCTURE OF RESEARCH NOTE PART I THEORETICAL FOUNDATIONS AND THE MARSHALL TRILOGY CASES 1 THEORETICAL FRAMEWORK MICHEL FOUCAULT: DISCOURSE AND DISCURSIVE FORMATIONS DISCOURSE AND DISCURSIVE FORMATIONS FROM FORMATION TO DISPERSAL THE RESEARCH LAW AND LITERATURE: KNOWLEDGE AND POWER THE STRUCTURE OF LEGAL JUDGMENT UNITY OF COLONIAL DISCOURSES NOTES 2 THE MARSHALL TRILOGY CASES: AN OVERVIEW THE DOCTRINE OF DISCOVERY JOHNSON V. M’INTOSH (1823) CHEROKEE NATION V. GEORGIA (1831) WORCESTER V. GEORGIA (1832) THE CONSTITUTIONAL AND POLITICAL CONTEXT OF THE MARSHALL CASES THE VIRGINIA–KENTUCKY MILITIA BOUNTY PROBLEM FEDERALISM EXAMPLES OF THE FEDERALISTS’ INTERPRETATION NOTES 3 COLONIAL KNOWLEDGE: A UNITY OF DISCOURSES THE STRUCTURE OF LEGAL JUDGMENT NOTES PART II REFINING THE NATIVE AMERICAN 4 THEORY OF DISCOURSE IN A COLONIAL CONTEXT: EDWARD SAID AND THE AMERICAN EIGHTEENTH-CENTURY LITERARY ARCHIVE CULTURE, IMPERIALISM AND EDWARD SAID SAID’S USE OF DISCOURSE TO LOCATE THE OTHER LITERARY LENSES EXPLAIN METROPOLITAN DOMINANCE ART AND THE CONQUEST OF THE AMERICAS THE MARSHALL TRILOGY AS LITERATURE: THE INSIGHTS OF LAW AND LITERATURE SCHOLARSHIP DISCOURSE IN THE WORKS OF EDWARD SAID THE EIGHTEENTH-CENTURY AMERICAN LITERARY ARCHIVE AMERICAN LITERARY SOURCES AFTER 1776 EARLY NINETEENTH-CENTURY PUBLIC DISCOURSE NOTES 5 THE DISCOURSE OF THE VANISHING INDIAN IN LITERATURE NOTES 6 FENIMORE COOPER’S THE LAST OF THE MOHICANS RACE EARLY MODERN ENGLISH: A TOOL OF COLONIALISM? NOTES 7 THE WILDERNESS IN AMERICAN ART AND LITERATURE DISCOURSE THEORY AND THE AMERICAN WILDERNESS THE WILDERNESS THE GENRE OF LAW EARLY AMERICAN LITERARY DISCOURSE AND THE WILDERNESS THEME THE CHANGING NATURE OF THE WILDERNESS THEME FROM THE DARK AND BARREN TO THE SUBLIME THE SUBLIME IN EARLY AMERICAN LITERATURE ART AS DISCOURSE IN THE WILDERNESS CONCEPTION CONQUEST: CLASSIFYING THE WILDERNESS NOTES PART III RESISTANCE TO COLONIAL DISCOURSE 8 LAW AND LITERATURE LITERATURE IN LAW LAW AS LITERATURE DEPARTURE FROM THE LAW “AS” OR LAW “IN” LITERATURE MOVEMENT LAW AND AESTHETICS LEGAL ORIENTALISM NOTES 9 CHEROKEE RESISTANCE: MIMICRY AS DECEPTION CHEROKEE RESISTANCE SAID AND BHABHA: ORIENTALISM TO MIMICRY THE NATURE OF CHEROKEE RESISTANCE LOCI OF CHEROKEE RESISTANCE POLITICAL REPLICATION AS RESISTANCE JUDICIAL RESISTANCE THE CHEROKEE SUPREME COURT AMERICAN AMBIVALENCE TO CHEROKEE RESISTANCE JEFFERSON’S QUEST FOR INDIAN LAND JOHN MARSHALL’S ANXIETY IN LEGAL DISCOURSE JACKSON’S HUMANE THEME NOTES CONCLUSION REFLECTIONS ON JOHNSON MOVING FORWARD REVOKE THE PAPAL BULLS JOHNSON ALIVE AND WELL NOTES BIBLIOGRAPHY INDEX