Description: In the twenty-first century, it is politically and legally commonplace that indigenous communities go to court to assert their rights against the postcolonial nation-state in which they reside. But upon closer examination, this constellation is far from straightforward. Indigenous communities make their claims as independent entities, governed by their own laws. And yet, they bring a case before the court of another sovereign, subjecting themselves to its foreign rule of law.

According to Jonas Bens, when native communities enter into legal relationships with postcolonial nation-states, they “become indigenous.” Indigenous communities define themselves as separated from the settler nation-state and insist that their rights originate from within their own system of laws. At the same time, indigenous communities must argue that they are incorporated in the settler nation-state to be able to use its judiciary to enforce these rights. As such, they are simultaneously included into and excluded from the state.

Tracing how the indigenous paradox is inscribed into the law by investigating several indigenous rights cases in the Americas, from the early nineteenth century to the early twenty-first, Bens illustrates how indigenous communities have managed—and continue to manage—to navigate this paradox by developing lines of legal reasoning that mobilize the concepts of sovereignty and culture. Bens argues that understanding indigeneity as a paradoxical formation sheds light on pressing questions concerning the role of legal pluralism and shared sovereignty in contemporary multicultural societies.








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Abstract: Settler Modernism traces how Stieglitz’s iconic photograph, Te Steerage (1907) came to be known as the frst modernist American photograph and how, at each stage of its trajectory into the modernist canon, it was interpreted through settler colonial narratives that served to naturalize whites’ ongoing presence on occupied territories in the twentieth century. Tough studies of settler visual cultures typically concentrate on events surrounding acts of colonization, I demonstrate that American modernist photography was continuous with the nineteenth-century history of photography for which settler colonialism was a structural and discursive force that framed photographic vision. I bring Te Steerage into conversation with Stieglitz’s photographs of working-class people, Manhattan, and clouds, as well as with artworks by Cézanne, Anne Brigman, Albert Bierstadt, Tomas Cole, and others. By interrogating how the camera’s capacity to distort perceptions of time and land clinched whites’ amnesia regarding the nation’s founding violence, I show how photographs encouraged settlers to imagine themselves as the ancient inhabitants of the continent. I also thread Indigenous histories, philosophies, and visual cultures throughout the text, undermining settler logic with perspectives that make apparent its impracticability. Trough concentrated examination of Te Steerage’s history, I shed light on how settler colonialism was not only central to the emergence of American modernism, but also to emergent conceptions of white racial identity that followed the closing of the frontier.