Alexandre Kedar, Ahmad Amara, and Oren Yiftachel
- Published in print:
- 2018
- Published Online:
- May 2018
- ISBN:
- 9781503603585
- eISBN:
- 9781503604582
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9781503603585.003.0002
- Subject:
- Law, Comparative Law
This chapter is an overview of the “state of the art” in scholarship dealing with Negev (Naqab) Bedouins. It sets the book within relevant scholarly frameworks as a foundation for the empirical ...
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This chapter is an overview of the “state of the art” in scholarship dealing with Negev (Naqab) Bedouins. It sets the book within relevant scholarly frameworks as a foundation for the empirical investigations of the chapters that follow. This chapter defines key concepts such as “Ethnocracy,” “settling society”, “gray space” and “hegemony;” and discusses the emergence and nature of critical legal geography. The chapter then reviews literature dealing with the dispossession of indigenous peoples, focusing on the evolution and nature of the terra nullius concept and its Israeli version —the “Dead Negev Doctrine” (DND).Less
This chapter is an overview of the “state of the art” in scholarship dealing with Negev (Naqab) Bedouins. It sets the book within relevant scholarly frameworks as a foundation for the empirical investigations of the chapters that follow. This chapter defines key concepts such as “Ethnocracy,” “settling society”, “gray space” and “hegemony;” and discusses the emergence and nature of critical legal geography. The chapter then reviews literature dealing with the dispossession of indigenous peoples, focusing on the evolution and nature of the terra nullius concept and its Israeli version —the “Dead Negev Doctrine” (DND).
Alexandre Kedar, Ahmad Amara, and Oren Yiftachel
- Published in print:
- 2018
- Published Online:
- May 2018
- ISBN:
- 9781503603585
- eISBN:
- 9781503604582
- Item type:
- book
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9781503603585.001.0001
- Subject:
- Law, Comparative Law
It is commonly claimed by Israeli authorities that Bedouins are trespassers who never acquired property or settlement rights in southern Israel/Palestine. This led to massive dispossession of ...
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It is commonly claimed by Israeli authorities that Bedouins are trespassers who never acquired property or settlement rights in southern Israel/Palestine. This led to massive dispossession of Bedouins. This book sets to examine state claims by providing, for the first time, a thorough analysis of the legal geography of the Negev. It adopts critical scholarly perspectives, drawing on multidisciplinary sources from geography, law, history and the social sciences. The study defines the “Dead Negev Doctrine (DND)”—a set of legal arguments and practices founded on a manipulative use of Ottoman and British laws through which Israel constructed its own version of “'terra nullius”—the now repealed colonial doctrine denying indigenous land and political rights. The book systematically tests the doctrine, using systematic archival and geographic research, and focusing on key land cases, most notably the al-‘Uqbi claim in ‘Araqib. The analysis reveals that the DND is based on shaky, often distorted, historical and legal grounds, thereby wrongly denying land rights from the majority of the Negev Bedouins. The book then discusses the indigeneity of the Bedouins in the face of persistent state denial. It argues that international law and norms protecting indigenous peoples are highly applicable to the case of Negev Bedouins. The book then offers an overview of state and Bedouin proposals to resolve the dispute. It shows how alternative plans advanced by the Bedouins, based on the concepts of recognition and equality, provide the most promising path to resolve the protracted conflict.Less
It is commonly claimed by Israeli authorities that Bedouins are trespassers who never acquired property or settlement rights in southern Israel/Palestine. This led to massive dispossession of Bedouins. This book sets to examine state claims by providing, for the first time, a thorough analysis of the legal geography of the Negev. It adopts critical scholarly perspectives, drawing on multidisciplinary sources from geography, law, history and the social sciences. The study defines the “Dead Negev Doctrine (DND)”—a set of legal arguments and practices founded on a manipulative use of Ottoman and British laws through which Israel constructed its own version of “'terra nullius”—the now repealed colonial doctrine denying indigenous land and political rights. The book systematically tests the doctrine, using systematic archival and geographic research, and focusing on key land cases, most notably the al-‘Uqbi claim in ‘Araqib. The analysis reveals that the DND is based on shaky, often distorted, historical and legal grounds, thereby wrongly denying land rights from the majority of the Negev Bedouins. The book then discusses the indigeneity of the Bedouins in the face of persistent state denial. It argues that international law and norms protecting indigenous peoples are highly applicable to the case of Negev Bedouins. The book then offers an overview of state and Bedouin proposals to resolve the dispute. It shows how alternative plans advanced by the Bedouins, based on the concepts of recognition and equality, provide the most promising path to resolve the protracted conflict.
Conor McCarthy
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9781474455930
- eISBN:
- 9781474480628
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474455930.003.0004
- Subject:
- Law, Philosophy of Law
This chapter considers the endurance of the practice of outlawry into nineteenth century Australia, and the subsequent endurance of the Australian bushranger in multiple reinterpretations and ...
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This chapter considers the endurance of the practice of outlawry into nineteenth century Australia, and the subsequent endurance of the Australian bushranger in multiple reinterpretations and reworkings, via the figure of Ned Kelly. It considers Kelly as social bandit and homo sacer, Irish rebel and Australian myth, through a variety of versions of the Kelly story, from Kelly’s own Jerilderie Letter up to and including Peter Carey’s quasi-Joycean reworking of Kelly’s life in an Hiberno-English ‘language of the outlaw.’ Again, outlawry as defined in law is read here against other forms of legal exclusion: the exclusions that create the Australian colonies via transportation for convicts, a practice not unlike the previous legal punishment of banishment (akin to outlawry); the non-recognition of Indigenous sovereignty and tenure; and the exclusion of Aboriginal Australians from law, rendering them de facto outlaws.Less
This chapter considers the endurance of the practice of outlawry into nineteenth century Australia, and the subsequent endurance of the Australian bushranger in multiple reinterpretations and reworkings, via the figure of Ned Kelly. It considers Kelly as social bandit and homo sacer, Irish rebel and Australian myth, through a variety of versions of the Kelly story, from Kelly’s own Jerilderie Letter up to and including Peter Carey’s quasi-Joycean reworking of Kelly’s life in an Hiberno-English ‘language of the outlaw.’ Again, outlawry as defined in law is read here against other forms of legal exclusion: the exclusions that create the Australian colonies via transportation for convicts, a practice not unlike the previous legal punishment of banishment (akin to outlawry); the non-recognition of Indigenous sovereignty and tenure; and the exclusion of Aboriginal Australians from law, rendering them de facto outlaws.
Margaret Hanzimanolis
- Published in print:
- 2009
- Published Online:
- September 2018
- ISBN:
- 9780986497315
- eISBN:
- 9781786944535
- Item type:
- chapter
- Publisher:
- Liverpool University Press
- DOI:
- 10.5949/liverpool/9780986497315.003.0003
- Subject:
- History, Maritime History
This essay examines South African shipwrecks and shipwreck survivor accounts in relation to land settlements and indigenous food production systems in the sixteenth and seventeenth centuries. By ...
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This essay examines South African shipwrecks and shipwreck survivor accounts in relation to land settlements and indigenous food production systems in the sixteenth and seventeenth centuries. By analysing a collection of Portuguese shipwreck accounts it discovers that African land, often portrayed by colonising forces as Terra Nullius - empty land - in their efforts to rationalise usurping it, was actually populated by settled pastoral communities. Further analysis of the shipwreck accounts reveal the presence of racial typography and the attitudes toward indigenous southern Africans, which would become another rationalisation for usurping land in later colonisation efforts. It concludes that these accounts offer evidence disproving Terra Nullius assertions, whilst also providing an example of how the colonial mindset interpreted the ownership of land.Less
This essay examines South African shipwrecks and shipwreck survivor accounts in relation to land settlements and indigenous food production systems in the sixteenth and seventeenth centuries. By analysing a collection of Portuguese shipwreck accounts it discovers that African land, often portrayed by colonising forces as Terra Nullius - empty land - in their efforts to rationalise usurping it, was actually populated by settled pastoral communities. Further analysis of the shipwreck accounts reveal the presence of racial typography and the attitudes toward indigenous southern Africans, which would become another rationalisation for usurping land in later colonisation efforts. It concludes that these accounts offer evidence disproving Terra Nullius assertions, whilst also providing an example of how the colonial mindset interpreted the ownership of land.
