Aboriginal Rights Claims and the Making and Remaking of History (Volume 87) (McGill-Queen's Indigenous and Northern Studies)

Cover; ABORIGINAL RIGHTS CLAIMS AND THE MAKING AND REMAKING OF HISTORY; Title; Copyright; Dedication; CONTENTS; Figures and Text Boxes ; Acknowledgments ; Preface ; 1 Taking Indigenous Peoples' Lands ; 2 The United States Indian Claims Commission ; 3 Litigating and Negotiating Native Title and Treaty Rights in Canada.;"The forums that were established during the second half of the twentieth century to address Aboriginal land claims have led to a particular way of engaging with and presenting Aboriginal, colonial, and national histories. The history that comes out of these land claim forums is often attacked for being "presentist": interpreting historical actions and actors through the lens of present day values, practices, and concerns. In Aboriginal Rights Claims and the Making and Remaking of History, a comparative study encompassing five former British colonies (Australia, Canada, New Zealand, South Africa, and the United States), Arthur Ray examines how claims-oriented research is framed by existing Indigenous rights law and claims legislation and how, in turn, it has influenced the development of laws and legislation. Ray also explores the ways in which the procedures and settings for claims adjudication--the courtroom, claims commissions, and the Waitangi Tribunal--have influenced the use of historical evidence, stimulated scholarly debates about the cultural/historical experiences of Indigenous people at the time of European contact and afterward, and have provoked reactions from politicians and scholars. While giving serious consideration to the arguments of presentism and the problems that overly presentist histories can create, Aboriginal Rights Claims and the Making and Remaking of History provides Aboriginal, academic, and legal communities with an essential perspective on how history is used in the Aboriginal claims process."-- The Forums That Were Established During The Second Half Of The Twentieth Century To Address Aboriginal Land Claims Have Led To A Particular Way Of Engaging With And Presenting Aboriginal, Colonial, And National Histories. The History That Comes Out Of These Land Claim Forums Is Often Attacked For Being Presentist: Interpreting Historical Actions And Actors Through The Lens Of Present Day Values, Practices, And Concerns. In Aboriginal Rights Claims And The Making And Remaking Of History, A Comparative Study Encompassing Five Former British Colonies (australia, Canada, New Zealand, South Africa, And The United States), Arthur Ray Examines How Claims-oriented Research Is Framed By Existing Indigenous Rights Law And Claims Legislation And How, In Turn, It Has Influenced The Development Of Laws And Legislation. Ray Also Explores The Ways In Which The Procedures And Settings For Claims Adjudication--the Courtroom, Claims Commissions, And The Waitangi Tribunal--have Influenced The Use Of Historical Evidence, Stimulated Scholarly Debates About The Cultural/historical Experiences Of Indigenous People At The Time Of European Contact And Afterward, And Have Provoked Reactions From Politicians And Scholars. While Giving Serious Consideration To The Arguments Of Presentism And The Problems That Overly Presentist Histories Can Create, Aboriginal Rights Claims And The Making And Remaking Of History Provides Aboriginal, Academic, And Legal Communities With An Essential Perspective On How History Is Used In The Aboriginal Claims Process.-- Taking Indigenous Peoples' Lands -- The United Sates Indian Claims Commission -- Litigating And Negotiating Native Title And Treaty Rights In Canada -- Anthropologists, Historians, And The Title Claims Of Aborigines In Australia -- The Waitangi Tribunal And New Zealand History -- Redressing Race-based Dispossessions In South Africa -- The Métis In Court : Problems Of Discrimination, Identity, And Community -- Courts, Commissions, And Tribunals As Forums For Interpreting And Making History. Arthur J. Ray. Includes Bibliographical References And Index. Issued Also In Electronic Format. « The forums that were established during the second half of the twentieth century to address Aboriginal land claims have led to a particular way of engaging with and presenting Aboriginal, colonial, and national histories. The history that comes out of these land claim forums is often attacked for being "presentist": interpreting historical actions and actors through the lens of present day values, practices, and concerns. In Aboriginal Rights Claims and the Making and Remaking of History, a comparative study encompassing five former British colonies (Australia, Canada, New Zealand, South Africa, and the United States), Arthur Ray examines how claims-oriented research is framed by existing Indigenous rights law and claims legislation and how, in turn, it has influenced the development of laws and legislation. Ray also explores the ways in which the procedures and settings for claims adjudication--the courtroom, claims commissions, and the Waitangi Tribunal--have influenced the use of historical evidence, stimulated scholarly debates about the cultural/historical experiences of Indigenous people at the time of European contact and afterward, and have provoked reactions from politicians and scholars. While giving serious consideration to the arguments of presentism and the problems that overly presentist histories can create, Aboriginal Rights Claims and lthe Making and Remaking of History provides Aboriginal, academic, and legal communities with an essential perspective on how history is used in the Aboriginal claims process. »-- Résumé de l'éditeur "The forums that were established during the second half of the twentieth century to address Aboriginal land claims have led to a particular way of engaging with and presenting Aboriginal, colonial, and national histories. The history that comes out of these land claim forums is often attacked for being "presentist": interpreting historical actions and actors through the lens of present day values, practices, and concerns. In Aboriginal Rights Claims and the Making and Remaking of History, a comparative study encompassing five former British colonies (Australia, Canada, New Zealand, South Africa, and the United States), Arthur Ray examines how claims-oriented research is framed by existing Indigenous rights law and claims legislation and how, in turn, it has influenced the development of laws and legislation. Ray also explores the ways in which the procedures and settings for claims adjudication--the courtroom, claims commissions, and the Waitangi Tribunal--have influenced the use of historical evidence, stimulated scholarly debates about the cultural/historical experiences of Indigenous people at the time of European contact and afterward, and have provoked reactions from politicians and scholars. While giving serious consideration to the arguments of presentism and the problems that overly presentist histories can create, Aboriginal Rights Claims and the Making and Remaking of History provides Aboriginal, academic, and legal communities with an essential perspective on how history is used in the Aboriginal claims process."-- Provided by publisher. Forums such as commissions, courtroom trials, and tribunals that have been established through the second half of the twentieth century to address aboriginal land claims have consequently created a particular way of presenting aboriginal, colonial, and national histories. The history that emerges from these land-claims processes is often criticized for being “presentist” – inaccurately interpreting historical actions and actors through the lens of present-day values, practices, and concerns. In Aboriginal Rights Claims and the Making and Remaking of History, Arthur Ray examines how claims-oriented research is often fitted to the existing frames of indigenous rights law and claims legislation and, as a result, has influenced the development of these laws and legislation. Through a comparative study encompassing the United States, Canada, South Africa, Australia and New Zealand, Ray also explores the ways in which various procedures and settings for claims adjudication have influenced and changed the use of historical evidence, made space for indigenous voices, stimulated scholarly debates about the cultural and historical experiences of indigenous peoples at the time of initial European contact and afterward, and have provoked reactions from politicians and scholars. While giving serious consideration to the flaws and strengths of presentist histories, Aboriginal Rights Claims and the Making and Remaking of History provides communities with essential information on how history is used and how methods are adapted and changed. Cover ABORIGINAL RIGHTS CLAIMS AND THE MAKING AND REMAKING OF HISTORY Title Copyright Dedication CONTENTS Figures and Text Boxes Acknowledgments Preface 1 Taking Indigenous Peoples' Lands 2 The United States Indian Claims Commission 3 Litigating and Negotiating Native Title and Treaty Rights in Canada. 4 Anthropologists, Historians, and the Title Claims of Aborigines in Australia 5 The Waitangi Tribunal and New Zealand History 6 Redressing Race-Based Dispossessions in South Africa 7 The Métis in Court: Problems of Discrimination, Identity, and Community. 8 Courts, Commissions, and Tribunals as Forums for Interpreting and Making History Notes Bibliography Index.