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

فهرست مطالب :

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