scholarly journals “There Are Many Kinds of Justice”: Confessing Growing Up an Indian Legal Subject in Louise Erdrich’s 'The Round House'

Linguaculture ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 29-45
Author(s):  
Cornelia Vlaicu

This paper looks at Ojibwe writer Louise Erdrich’s National Book Award-winning The Round House as a novel that mixes and reworks genres from a Native American perspective to narrativize the “(post)colonial” (Cheyfitz) status of contemporary American Indian nations. An autobiographical story that can be read as a “postcolonial Bildungsroman” (Nayar), The Round House uses crime fiction as a pretext for writing Indian sovereignty. The legal is fully involved in the construction of the Indian colonized subject. Erdrich’s novel can be read as a confession to “a wrong thing that serves an ideal justice” (RH 306). The main character’s statement that “[t]he sentence was to endure” (RH 317) can be understood both in terms of his admitted moral guilt, and as a proclamation of “survivance” (G. Vizenor). The paper approaches the novel in light of the inseparability of U.S. federal Indian law and American Indian literature (Cheyfitz). My reading relies on Lyotard’s “différend” and on Agamben’s “state of exception” to discuss the plot and its dénouement as Erdrich’s way to wage a contemporary “Indian war” (E. Cook-Lynn).

Author(s):  
Elizabeth Weiss ◽  
James W. Springer

Engaging a longstanding controversy important to archaeologists and indigenous communities, Repatriation and Erasing the Past takes a critical look at laws that mandate the return of human remains from museums and laboratories to ancestral burial grounds. Anthropologist Elizabeth Weiss and attorney James Springer offer scientific and legal perspectives on the way repatriation laws impact research. Weiss discusses how anthropologists draw conclusions about past peoples through their study of skeletons and mummies and argues that continued curation of human remains is important. Springer reviews American Indian law and how it helped to shape laws such as NAGPRA (the Native American Graves Protection and Repatriation Act). He provides detailed analyses of cases including the Kennewick Man and the Havasupai genetics lawsuits. Together, Weiss and Springer critique repatriation laws and support the view that anthropologists should prioritize scientific research over other perspectives.


2020 ◽  
pp. 196-223
Author(s):  
Michael D. McNally

This chapter discusses repatriation law and a cluster of legal cases involving possession of ceremonial eagle feathers, where courts have consistently affirmed the collective contours of Native religions. Courts have upheld an exemption to the criminal penalties for feather possession tailored to members of federally recognized tribes against legal challenges by individual practitioners of Native religions who are not members of those tribes. These cases illustrate well the difficulties and the possibilities of religion as a category encompassing collective Native traditions. The coalition that persuaded Congress in 1994 to pass the Peyote Amendment to AIRFA was successful in part because it was largely the same circle of advocates, lawyers, tribal spiritual and political leaders, and allies who had recently won congressional passage of two repatriation statutes: the National Museum of the American Indian Act (NMAI) in 1989 and the Native American Graves Protection and Repatriation Act (NAGPRA) the next year. The chapter thus tells the story of Native-led efforts to secure these two laws and offers an interpretation of them not as religious freedom laws, but primarily as additions to federal Indian law that encompass religious and cultural heritage.


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