The newly created Collaborations on Indigenous Studies Project (CISP) at Columbia University is accepting paper proposals for its first graduate student colloquium:
Pushing the Boundaries of History, Bodies, Geographies, and Politics
A Graduate Student Colloquium
The Collaborations on Indigenous Studies Project (CISP)
February 15, 2012
We invite graduate students to submit proposals for a graduate student colloquium on the theme of Indigenous Spaces: Pushing the Boundaries of History, Bodies, Geographies, and Politics, to take place at Columbia University in the City of New York on February 15, 2012. Contributors are encouraged to think about ‘indigenous spaces’ that connect indigenous communities, bodies (understood in a broad sense), histories, geographies, and academia.
Many thanks to @giantpandinha for tweeting the Hopi Landscape Portal, a new historical mapping project by Wes Bernardini of University of Redlands. Bernardini’s program, which uses ArcGIS Explorer software, allows users to explore 3D reconstructions of 32 Hopi villages. According to an Indian Country article,
Bernardini has been working with the Hopi for the last decade on mapping the ancestral villages. He uses conventional archaeological data as well as Hopi traditional knowledge to get a clearer picture of the past.
“Everything in my work started with, and continually goes back to, Hopi oral tradition,” he told ICTMN. “It was the clan migration traditions recounted to me by Hopi colleagues that first helped me to see that archaeological ideas about Hopi migrations were incomplete, and each visit to Hopi adds new pieces of information that help me to see the archaeological record in a new light.”
The latest issue of Law, Culture, and the Humanities contains several articles relating to legal geography, space, and territorialization. Law joins, of course, a variety of other disciplines in taking this “spatial turn.”
Here are the titles and abstracts:
“Law’s Spatial Turn: Geography, Justice and a Certain Fear of Space” by Andreas Philippopoulos-Mihalopoulos
Abstract: This is a critical reading of the current literature on law and geography. The article argues that the literature is characterized by an undertheorization of the concept of space. The focus is either on the specific geography of law in the form of jurisdiction, or as a simple terminological innovation. Instead, the article suggests that law’s spatial turn ought to consider space as a singular parameter to the hitherto legal preoccupation with time, history and waiting. This forces law into dealing with a new, peculiarly spatial kind of uncertainty in terms of simultaneity, disorientation, materiality and exclusionary corporeal emplacement. The main area in which this undertheorization forcefully manifests itself is that of spatial justice. Despite its critical potential, the concept has been reduced by the majority of the relevant literature into another version of social, distributive or regional justice. On the contrary, if the peculiar characteristics of space are to be taken into account, a concept of justice will have to be rethought on a much more fundamental level than that.
“Cuts, Flows, and the Geographies of Property” by Nicholas Blomley
Abstract: How is property geographical? The making of liberal property, I argue, relies upon a topographical logic, premised on the production of bounded, coherent spaces, through which the individuated subjects and objects of property can be rendered legible. Such a spatialization helps sustain the territorialization of property, in which the government of space becomes a means for the enactment of property. The production of such spaces requires conscious ‘cuts’ in the processual networks through which social spaces are produced. As such, property should be seen as a conditional achievement, ever threatened by unwanted relationality and boundary crossing. I draw from Kate Grenville’s novel The Secret River to explore property’s spaces, and their ambivalent ethical and practical work.
“The Constituent Power of Architecture” by Lior Barshak
Abstract: The claim that law is grounded in representations of authority hardly requires justification. The article outlines one view of the power of representations of authority to subject society to the law, and attempts to shed light on the social significance of architecture as a medium of such representation. I will argue that representation sets apart the realms of the living and the dead while sustaining a complex relationship between the two realms. It houses the dead in a separate realm where they exercise authority over the living. Monumental architecture founds the authority of law, and the entire realm inhabited by the living, by relegating the dead to a separate sphere where they assume the position of ancestral lawgivers. Architecture can separate the living from the dead and anchor the rule of law by virtue of its claims to perpetuity and aesthetic form.
Abstract: The failures of Western law in its encounter with indigenous legal orders have been well documented, but alternative modes of negotiating the encounter remain under-explored in legal scholarship.The present article addresses this lacuna. It proceeds from the premise that the journey towards a different conceptualization of law might be fruitfully re-routed through the affect-laden realm of embodied experience—the experience of watching the subversive anti-western film Dead Man. Section II explains and develops a Deleuzian approach to law and film which involves thinking about film as ‘‘event.’’ Section III considers Dead Man’s relation to the western genre and its implications for how we think about law’s founding on the frontier. Finally, the article explores the concept of ‘‘becoming’’ through a consideration of the relationship between the onscreen journey of the character Bill Blake and the radical worldview of his poetic namesake.
“Law and the Foucauldian Wild West in Michael Cimino’s Heaven’s Gate” by Diana Young
Abstract: Classic western films often conceive of the west as existing in a legal void, where the central conflict is a binary one between lawlessness and legalization. The law is a monolith, and the legalization process is linear—a narrative of the west’s inexorable evolution toward a modern state governed by the rule of law. Cimino’s Heaven’s Gate presents a more postmodernist, pluralist conception. There is no grand narrative of legalization; the film envisages a discourse of justice emerging from the interaction of a variety of discourses, and which appears to be a unity only from the vantage point of history.
My other favorite panel from the Law and Society Association’s Annual Meeting was Narratives of Il(legality) in Liminal Indigenous Locations, held Friday. The panel included four very moving, thought-provoking presentations on the ways colonialism and legal and cultural oppression impact North American indigenous communities today.
The first three presentations dealt with legacies of Canada’s residential schools policy, which forcibly removed aboriginal children from their homes and raised them (if you can call it that) in conditions of abuse, deprivation, and denigration.
Carole Blackburn spoke on Blackwater v. Plint (2005), which arose from widespread sexual abuse at one church-run residential school. The government and church were held liable, but liability was mitigated because the court found school officials had no actual knowledge of abuse—despite the fact that several children reported the abuse to police and nurses. Blackburn examines the cultural conditions that made abuse of aboriginal children invisible to the defendants and the court. Lack of “actual knowledge,” she argues, is really a willed “ignorance that requires active dissociation” from injustices committed against the children.
Justice Melvyn Green of the Ontario Court of Justice spoke on his experiences as a rotating judge in the Gladue Court that handles sentencing of aboriginal criminal offenders, who are overrepresented in prisons by a factor of seven. While the Court carefully considers mitigating factors specific to aboriginals, Justice Green was very forthcoming about the Court’s limitations. Sentencing, after all, is the “tail end” of the process and earlier interventions are needed. Disparities in crime and imprisonment rates are part of “an inheritance of unbridled colonialism”; they result largely from “cultural genocide” propagated by Canada’s residential schools policy.
Jane McMillan’s paper concerned unintended consequences of the Residential Schools Settlement agreement of 2007, which compensates aboriginal Canadians who can prove they went to a residential school. Part of the claims process requires victims of abuse, many of whom are traumatized and have never spoken of their abuse, to detail their experiences in writing and undergo a hearing in order to receive extra compensation. (The seventeen-page form includes an appalling page of checkboxes listing various acts of sexual abuse and how many times they were done.) This culturally and psychologically insensitive process, while cathartic and healing for some, is for others a re-victimization.
Finally, Ann Tweedy traced the racialized notion of “self-defense” in U.S. jurisprudence to illuminate current problems with Indian sovereignty and gun control. Tweedy argues that stereotypes of Indians as “savage ignobles” (which arise, ironically, from Indians’ own efforts at self-defense against white settlers) have led to a long history of curtailing Indian sovereignty. The result has been widespread lawlessness on reservations due to Indians’ inability (and U.S. Attorneys’ refusal) to effectively prosecute crimes, particularly rape of Indian women by non-Indian men. At the same time, the right to bear arms must be understood in the context of white settlers “defending” themselves against what Justice Kennedy, only a few years ago, called “Indian tribes and outlaws, wolves and bears and grizzlies and things like that.”