Aboriginal rights claims and the making and remaking of history
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.
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- ISBN: 9780773547438
- Physical Description xxvi, 333 pages : illustrations, maps ; 23 cm.
- Publisher Montreal : McGill-Queen's University Press, 2016.
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Bibliography, etc. Note: | Includes bibliographical references and index. |
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CHOICE_Magazine Review
Aboriginal Rights Claims and the Making and Remaking of History
CHOICE
Copyright American Library Association, used with permission.
Ray's book is an overview of indigenous rights claims processes and their history in the US, Canada, Australia, New Zealand, and South Africa--all former colonies. It is notable in that regard. Although interesting, perhaps the book's breadth makes a full consideration of the similarities and differences problematic. Moreover, the legal landscape (at least in Canada) changes quickly, and though Ray mentions in passing a significant ruling here, a number of themes and issues he identifies elsewhere (and earlier) continue to reverberate today. Ray is a distinguished historian, but most of the book is really about anthropology, which he at times conflates with the discipline of history. As a result, his discussions of the latter and its methodologies are often unsophisticated or viewed through the lens of history. The book does provide a nice overview for novices, but issues related to copyediting and referencing make it hard to verify and explore some of Ray's points more deeply. That said, the book's comparative aspect and breadth make it unique, and graduate students interested in the history of claims processes (and not so much about the "making and remaking history") may also find it useful. Summing Up: Optional. General and undergraduate collections. --Mark Ebert, Native Law Centre of Canada