Chapter

Framing and Reframing the <i>Agōn</i>

Mark Hickford

in Native Claims

Published in print November 2011 | ISBN: 9780199794850
Published online January 2012 | e-ISBN: 9780199919291 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199794850.003.0007
Framing and Reframing the Agōn

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This essay argues that examining indigenous territorial claims versus European territorial claims in settlement colonies requires analysis of the dynamic framing and re-framing of the contested and negotiated relations in which these claims occurred. Territorial claims were inextricably invested with political significance, including questions about the distribution of European and indigenous political authority within settlement colonies rather than rights to land per se. The nomenclature of property rights could not completely denude territorial claims of their relevance to political authority and government. In particular, it is critical to explore how the understanding and meaning of territorial claims were contested in numerous political non-court sites, including the diplomacy of purchase (rather than in court bound litigation).

Keywords: native title; New Zealand Maori; justiciability; jurisdictional and conceptual incommensurability; agonistic politics

Chapter.  13521 words.  Illustrated.

Subjects: Early Modern History (1500 to 1700)

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