Pub Date : 2023-04-01DOI: 10.1215/00141801-10266821
G. P. Lopera-Mesa
Drawing on the author’s experience of collaborative research with the Cañamomo-Lomaprieta people in the western Colombian Andes, this article discusses the challenges of conducting ethnohistorical research on Indigenous land claims from the double role of historian and lawyer. It argues that this dual position presents both risks and benefits for ethnohistorical research. On the one hand, wearing both hats entails the risk of digging into the past to make a case for current land claims, thus losing sight of a more complex and comprehensive understanding of the past on its own terms. On the other, the lawyer-historian gaze may provide critical insight into the workings of the law in past processes of privatization and commodification of Indigenous lands. Legal training better equips historians for understanding the technical details of land transactions, lawmaking, and judicial decision-making. It also enables the historian to raise questions about the legal validity of past judicial decisions and land transactions that still impact current land disputes.
{"title":"Reenacting the Trials of the Past: The Quandaries of Conducting Collaborative Research on Indigenous Land Titles from the Double Role of Lawyer-Historian","authors":"G. P. Lopera-Mesa","doi":"10.1215/00141801-10266821","DOIUrl":"https://doi.org/10.1215/00141801-10266821","url":null,"abstract":"\u0000 Drawing on the author’s experience of collaborative research with the Cañamomo-Lomaprieta people in the western Colombian Andes, this article discusses the challenges of conducting ethnohistorical research on Indigenous land claims from the double role of historian and lawyer. It argues that this dual position presents both risks and benefits for ethnohistorical research. On the one hand, wearing both hats entails the risk of digging into the past to make a case for current land claims, thus losing sight of a more complex and comprehensive understanding of the past on its own terms. On the other, the lawyer-historian gaze may provide critical insight into the workings of the law in past processes of privatization and commodification of Indigenous lands. Legal training better equips historians for understanding the technical details of land transactions, lawmaking, and judicial decision-making. It also enables the historian to raise questions about the legal validity of past judicial decisions and land transactions that still impact current land disputes.","PeriodicalId":51776,"journal":{"name":"Ethnohistory","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45533791","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-01DOI: 10.1215/00141801-10267038
Kathleen Fine-Dare
{"title":"Cañaris: Etnografías y documentos de la Sierra Norte del Perú","authors":"Kathleen Fine-Dare","doi":"10.1215/00141801-10267038","DOIUrl":"https://doi.org/10.1215/00141801-10267038","url":null,"abstract":"","PeriodicalId":51776,"journal":{"name":"Ethnohistory","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48203579","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-01DOI: 10.1215/00141801-10266966
T. Peace
{"title":"Daughters of Aataentsic: Life Stories from Seven Generations","authors":"T. Peace","doi":"10.1215/00141801-10266966","DOIUrl":"https://doi.org/10.1215/00141801-10266966","url":null,"abstract":"","PeriodicalId":51776,"journal":{"name":"Ethnohistory","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43905342","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-01DOI: 10.1215/00141801-10266930
C. R. Franklin
{"title":"Never Caught Twice: Horse Stealing in Western Nebraska, 1850–1890","authors":"C. R. Franklin","doi":"10.1215/00141801-10266930","DOIUrl":"https://doi.org/10.1215/00141801-10266930","url":null,"abstract":"","PeriodicalId":51776,"journal":{"name":"Ethnohistory","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49565357","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-01DOI: 10.1215/00141801-10267002
Lisa Sousa
{"title":"Indigenous Life after the Conquest: The De la Cruz Family Papers of Colonial Mexico","authors":"Lisa Sousa","doi":"10.1215/00141801-10267002","DOIUrl":"https://doi.org/10.1215/00141801-10267002","url":null,"abstract":"","PeriodicalId":51776,"journal":{"name":"Ethnohistory","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49487325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-01DOI: 10.1215/00141801-10266839
Miranda Johnson
The making of the bicultural state of Aotearoa New Zealand is the product of a distinctive postcolonial and neoliberal late twentieth-century history. In this context, a predominantly anglophone settler state finally responded to decades-long claims about Indigenous dispossession by creating the Treaty of Waitangi Tribunal in 1975, an institution that a decade later took a wide-ranging approach to the investigation of historical grievances. The tribunal produced an alternative historiography that imagined a partnership between Māori and the Crown, not only in the service of evaluating past actions but also with the aim of creating better relations for the future. This article offers a brief account of biculturalism and “treaty partnership” in three overlapping modes: as an emergent and then hegemonic political discourse; as generating a new historiography; and in terms of the reframing and bureaucratization of research practices in Aotearoa New Zealand. In this milieu, research ethics is not simply a matter of interpersonal politics but, in fact, has become a matter of governmentality—that is, of regulating the conduct of researchers as subjects of particular forms of state power.
{"title":"Biculturalism and Historiography in the Era of Neoliberalism: A View from Aotearoa New Zealand","authors":"Miranda Johnson","doi":"10.1215/00141801-10266839","DOIUrl":"https://doi.org/10.1215/00141801-10266839","url":null,"abstract":"\u0000 The making of the bicultural state of Aotearoa New Zealand is the product of a distinctive postcolonial and neoliberal late twentieth-century history. In this context, a predominantly anglophone settler state finally responded to decades-long claims about Indigenous dispossession by creating the Treaty of Waitangi Tribunal in 1975, an institution that a decade later took a wide-ranging approach to the investigation of historical grievances. The tribunal produced an alternative historiography that imagined a partnership between Māori and the Crown, not only in the service of evaluating past actions but also with the aim of creating better relations for the future. This article offers a brief account of biculturalism and “treaty partnership” in three overlapping modes: as an emergent and then hegemonic political discourse; as generating a new historiography; and in terms of the reframing and bureaucratization of research practices in Aotearoa New Zealand. In this milieu, research ethics is not simply a matter of interpersonal politics but, in fact, has become a matter of governmentality—that is, of regulating the conduct of researchers as subjects of particular forms of state power.","PeriodicalId":51776,"journal":{"name":"Ethnohistory","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49311093","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-01DOI: 10.1215/00141801-10266803
Yanna P. Yannakakis
This article addresses the opportunities and challenges for researching the history of Indigenous custom during a period in which constitutional and legal reform have led to the recognition of customary law as an official framework for local governance and the administration of justice in Oaxaca, Mexico. The article begins by situating Oaxaca’s laws within the context of broader neoliberal reforms in Latin America characterized by the promulgation of multicultural constitutions recognizing the legal jurisdiction and cultural autonomy of Indigenous communities. Some Indigenous intellectuals, activists, and NGOs working in Oaxaca have declared this new administrative arrangement a victory for Indigenous rights to self-determination, arguing that customary law serves as a defensive wall against state and corporate incursions of many kinds. Other local Indigenous scholars have nuanced the custom-law and community-state oppositions, situating customary law—currently referred to as “Indigenous normative systems”—as historical and contested, and in dynamic interplay with relationships of power within and beyond the community. The article’s author considers these debates about custom’s ambiguous meanings and effects and reflects on how the recent context of legal reform nourishes the author’s own scholarship on the colonial period by providing a broad temporal, cultural, and political framework with which to understand its stakes. The author also explores how historians researching Oaxaca’s deep past can meet the interpretive demands of their discipline while being attentive to historical justice and engaging the communities whose ancestors occupy center stage in our histories.
{"title":"Interpreting the History of Native Custom in Oaxaca, Mexico","authors":"Yanna P. Yannakakis","doi":"10.1215/00141801-10266803","DOIUrl":"https://doi.org/10.1215/00141801-10266803","url":null,"abstract":"\u0000 This article addresses the opportunities and challenges for researching the history of Indigenous custom during a period in which constitutional and legal reform have led to the recognition of customary law as an official framework for local governance and the administration of justice in Oaxaca, Mexico. The article begins by situating Oaxaca’s laws within the context of broader neoliberal reforms in Latin America characterized by the promulgation of multicultural constitutions recognizing the legal jurisdiction and cultural autonomy of Indigenous communities. Some Indigenous intellectuals, activists, and NGOs working in Oaxaca have declared this new administrative arrangement a victory for Indigenous rights to self-determination, arguing that customary law serves as a defensive wall against state and corporate incursions of many kinds. Other local Indigenous scholars have nuanced the custom-law and community-state oppositions, situating customary law—currently referred to as “Indigenous normative systems”—as historical and contested, and in dynamic interplay with relationships of power within and beyond the community. The article’s author considers these debates about custom’s ambiguous meanings and effects and reflects on how the recent context of legal reform nourishes the author’s own scholarship on the colonial period by providing a broad temporal, cultural, and political framework with which to understand its stakes. The author also explores how historians researching Oaxaca’s deep past can meet the interpretive demands of their discipline while being attentive to historical justice and engaging the communities whose ancestors occupy center stage in our histories.","PeriodicalId":51776,"journal":{"name":"Ethnohistory","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48653621","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-01DOI: 10.1215/00141801-10266858
Bonny Ibhawoh
Human rights doctrine is founded on a notion of universality and inalienability. However, critics of the dominant formulation of “universal” human rights claim that it privileges Western epistemology and does not adequately reflect the histories and lived experiences of Indigenous communities. This has prompted calls for a more inclusive conceptualization and theorization of human rights that takes equal account of Indigenous histories and rights traditions. This article makes a case for reconceptualizing universal human rights to reflect the epistemologies of historically marginalized communities. Drawing on debates in African history, it calls for a counterhegemonic approach to human rights that goes beyond possessive individualism and the neoliberal, state-centered rights model. To be truly universal, international human rights must take equal account of the communal and collectivist ethos that underpins Indigenous notions of human dignity.
{"title":"Inalienable Dignity: Writing Counterhegemonic Universal Human Rights Histories","authors":"Bonny Ibhawoh","doi":"10.1215/00141801-10266858","DOIUrl":"https://doi.org/10.1215/00141801-10266858","url":null,"abstract":"\u0000 Human rights doctrine is founded on a notion of universality and inalienability. However, critics of the dominant formulation of “universal” human rights claim that it privileges Western epistemology and does not adequately reflect the histories and lived experiences of Indigenous communities. This has prompted calls for a more inclusive conceptualization and theorization of human rights that takes equal account of Indigenous histories and rights traditions. This article makes a case for reconceptualizing universal human rights to reflect the epistemologies of historically marginalized communities. Drawing on debates in African history, it calls for a counterhegemonic approach to human rights that goes beyond possessive individualism and the neoliberal, state-centered rights model. To be truly universal, international human rights must take equal account of the communal and collectivist ethos that underpins Indigenous notions of human dignity.","PeriodicalId":51776,"journal":{"name":"Ethnohistory","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44145533","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.1215/00141801-10117390
J. Stair
{"title":"Trail of Footprints: A History of Indigenous Maps from Viceregal Mexico","authors":"J. Stair","doi":"10.1215/00141801-10117390","DOIUrl":"https://doi.org/10.1215/00141801-10117390","url":null,"abstract":"","PeriodicalId":51776,"journal":{"name":"Ethnohistory","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48994537","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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