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The Settler Doctrine: Indians, Religion, and the Land
The Settler Doctrine: Indians, Religion, and the Land
상세정보
- 자료유형
- 학위논문 서양
- 최종처리일시
- 20250211153028
- ISBN
- 9798346872986
- DDC
- 200
- 서명/저자
- The Settler Doctrine: Indians, Religion, and the Land
- 발행사항
- [Sl] : The University of North Carolina at Chapel Hill, 2024
- 발행사항
- Ann Arbor : ProQuest Dissertations & Theses, 2024
- 형태사항
- 355 p
- 주기사항
- Source: Dissertations Abstracts International, Volume: 86-06, Section: A.
- 주기사항
- Advisor: Styers, Randall.
- 학위논문주기
- Thesis (Ph.D.)--The University of North Carolina at Chapel Hill, 2024.
- 초록/해제
- 요약In this dissertation, I propose the Settler Doctrine to position federal Indian law as profoundly determined by and organized around the legal, historical, and mythical entanglements between land, religion, and indigeneity. Neither land, religion, nor indigeneity are given natural categories. They emerged as anthropological concepts, pop culture fantasies, colonial myths, racist categories, and legal terms from a history of power relations, discursive expressions, lived experiences, and practical negotiations. In federal Indian law, I argue that their genealogies emerged and evolved in co-determinative and deeply entangled relationships. This means that the application of federal Indian law and the interpretation or construction of federal Indian policy depends upon these categories' maintenance and developmental characteristics.In delving deeper into case histories and materials in federal Indian law, I was surprised to learn that "religion" was consistently deployed as an important, if not deciding characteristic, in the judicial opinions supporting a majority of Indian cases that, on the surface, had nothing to do with religion. These cases range from water allocations to fishing rights and property law or into the very bedrock of US federal recognition and protection of tribal sovereignty. Everywhere I looked, I found Indian religion. If not overtly addressed in judicial opinions, courts implicitly relied upon Indian religion through court citations, references, and precedence.In the process of my research, while pulling on the threads of religion, I found statements about land. This connection should not be a surprise. Federal Indian law, after all, is essentially about the land and the result of over five hundred years of colonial endeavors to dispossess Indian peoples of it. In addition, for native peoples in the US, there is a considerable amount of native voices and scholarship stating that whatever Indian religion may be, it is almost certainly tied to the land and quite often to particular places for specific native peoples. When the thread is pulled in the other direction, beginning from legal questions of land, I quickly found court concerns over religion. This dissertation is an analysis of the settler-colonial entanglement between land, religion, and the Indian in federal Indian law.
- 일반주제명
- Religion
- 일반주제명
- Law
- 일반주제명
- Native American studies
- 일반주제명
- Asian American studies
- 키워드
- American Indian
- 키워드
- Colonialism
- 키워드
- Land
- 키워드
- Native Americans
- 기타저자
- The University of North Carolina at Chapel Hill Religious Studies
- 기본자료저록
- Dissertations Abstracts International. 86-06A.
- 전자적 위치 및 접속
- 로그인 후 원문을 볼 수 있습니다.
MARC
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■1001 ▼aRichards, Kenneth J.
■24510▼aThe Settler Doctrine: Indians, Religion, and the Land
■260 ▼a[Sl]▼bThe University of North Carolina at Chapel Hill▼c2024
■260 1▼aAnn Arbor▼bProQuest Dissertations & Theses▼c2024
■300 ▼a355 p
■500 ▼aSource: Dissertations Abstracts International, Volume: 86-06, Section: A.
■500 ▼aAdvisor: Styers, Randall.
■5021 ▼aThesis (Ph.D.)--The University of North Carolina at Chapel Hill, 2024.
■520 ▼aIn this dissertation, I propose the Settler Doctrine to position federal Indian law as profoundly determined by and organized around the legal, historical, and mythical entanglements between land, religion, and indigeneity. Neither land, religion, nor indigeneity are given natural categories. They emerged as anthropological concepts, pop culture fantasies, colonial myths, racist categories, and legal terms from a history of power relations, discursive expressions, lived experiences, and practical negotiations. In federal Indian law, I argue that their genealogies emerged and evolved in co-determinative and deeply entangled relationships. This means that the application of federal Indian law and the interpretation or construction of federal Indian policy depends upon these categories' maintenance and developmental characteristics.In delving deeper into case histories and materials in federal Indian law, I was surprised to learn that "religion" was consistently deployed as an important, if not deciding characteristic, in the judicial opinions supporting a majority of Indian cases that, on the surface, had nothing to do with religion. These cases range from water allocations to fishing rights and property law or into the very bedrock of US federal recognition and protection of tribal sovereignty. Everywhere I looked, I found Indian religion. If not overtly addressed in judicial opinions, courts implicitly relied upon Indian religion through court citations, references, and precedence.In the process of my research, while pulling on the threads of religion, I found statements about land. This connection should not be a surprise. Federal Indian law, after all, is essentially about the land and the result of over five hundred years of colonial endeavors to dispossess Indian peoples of it. In addition, for native peoples in the US, there is a considerable amount of native voices and scholarship stating that whatever Indian religion may be, it is almost certainly tied to the land and quite often to particular places for specific native peoples. When the thread is pulled in the other direction, beginning from legal questions of land, I quickly found court concerns over religion. This dissertation is an analysis of the settler-colonial entanglement between land, religion, and the Indian in federal Indian law.
■590 ▼aSchool code: 0153.
■650 4▼aReligion
■650 4▼aLaw
■650 4▼aNative American studies
■650 4▼aAsian American studies
■653 ▼aAmerican Indian
■653 ▼aColonialism
■653 ▼aFederal Indian law
■653 ▼aLand
■653 ▼aNative Americans
■690 ▼a0318
■690 ▼a0398
■690 ▼a0740
■690 ▼a0343
■71020▼aThe University of North Carolina at Chapel Hill▼bReligious Studies.
■7730 ▼tDissertations Abstracts International▼g86-06A.
■790 ▼a0153
■791 ▼aPh.D.
■792 ▼a2024
■793 ▼aEnglish
■85640▼uhttp://www.riss.kr/pdu/ddodLink.do?id=T17164658▼nKERIS▼z이 자료의 원문은 한국교육학술정보원에서 제공합니다.
