从土著私有财产到完全剥夺——Sápmi的特殊情况

IF 0.6 Q2 LAW
R. Kuokkanen
{"title":"从土著私有财产到完全剥夺——Sápmi的特殊情况","authors":"R. Kuokkanen","doi":"10.1080/2049677X.2023.2207380","DOIUrl":null,"url":null,"abstract":"The concept of dispossession has become ubiquitous in contemporary critical theory, including analyses of settler colonialism and Indigenous scholarship. It suggests that in addition to being colonised, Indigenous peoples have been deprived of their lands and the territorial foundations of their societies. Critics, however, allege that theories and arguments of Indigenous dispossession are inconsistent, arguing that Indigenous peoples did not have conceptions of land as property or possession. The critics’ question is as follows: how can there be an act of dispossession if there was no prior possession or Indigenous concept of ownership? This article examines a case where there was both prior possession and a concept of ownership adopted by and extended to an Indigenous people, the Sámi, and upheld by the colonial court system. What can the Sámi case of individual (family) land ownership tell us about the concept of dispossession and Indigenous conceptions of ownership and property? The objective is to demonstrate how the concept of dispossession has different histories in different contexts, and how individual land ownership has not historically been alien to Indigenous peoples.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"11 1","pages":"23 - 44"},"PeriodicalIF":0.6000,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"From Indigenous private property to full dispossession – the peculiar case of Sápmi\",\"authors\":\"R. Kuokkanen\",\"doi\":\"10.1080/2049677X.2023.2207380\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The concept of dispossession has become ubiquitous in contemporary critical theory, including analyses of settler colonialism and Indigenous scholarship. It suggests that in addition to being colonised, Indigenous peoples have been deprived of their lands and the territorial foundations of their societies. Critics, however, allege that theories and arguments of Indigenous dispossession are inconsistent, arguing that Indigenous peoples did not have conceptions of land as property or possession. The critics’ question is as follows: how can there be an act of dispossession if there was no prior possession or Indigenous concept of ownership? This article examines a case where there was both prior possession and a concept of ownership adopted by and extended to an Indigenous people, the Sámi, and upheld by the colonial court system. What can the Sámi case of individual (family) land ownership tell us about the concept of dispossession and Indigenous conceptions of ownership and property? The objective is to demonstrate how the concept of dispossession has different histories in different contexts, and how individual land ownership has not historically been alien to Indigenous peoples.\",\"PeriodicalId\":53815,\"journal\":{\"name\":\"Comparative Legal History\",\"volume\":\"11 1\",\"pages\":\"23 - 44\"},\"PeriodicalIF\":0.6000,\"publicationDate\":\"2023-01-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Comparative Legal History\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/2049677X.2023.2207380\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Comparative Legal History","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/2049677X.2023.2207380","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0

摘要

剥夺的概念在当代批判理论中已经无处不在,包括对定居者殖民主义和土著学术的分析。这表明,土著人民除了被殖民外,还被剥夺了土地和社会的领土基础。然而,批评者声称,土著人被剥夺土地的理论和论点不一致,认为土著人民没有将土地视为财产或占有的概念。批评者的问题如下:如果事先没有所有权或土著人的所有权概念,怎么会有剥夺行为?这篇文章探讨了一个案例,在这个案例中,既有先前的占有权,也有由萨米土著人采用并延伸到萨米人的所有权概念,并得到殖民地法院系统的支持。萨米人的个人(家庭)土地所有权案例能告诉我们关于剥夺的概念以及土著人的所有权和财产概念吗?目的是证明剥夺土地的概念在不同的背景下有着不同的历史,以及个人土地所有权在历史上对土著人民来说并不陌生。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
From Indigenous private property to full dispossession – the peculiar case of Sápmi
The concept of dispossession has become ubiquitous in contemporary critical theory, including analyses of settler colonialism and Indigenous scholarship. It suggests that in addition to being colonised, Indigenous peoples have been deprived of their lands and the territorial foundations of their societies. Critics, however, allege that theories and arguments of Indigenous dispossession are inconsistent, arguing that Indigenous peoples did not have conceptions of land as property or possession. The critics’ question is as follows: how can there be an act of dispossession if there was no prior possession or Indigenous concept of ownership? This article examines a case where there was both prior possession and a concept of ownership adopted by and extended to an Indigenous people, the Sámi, and upheld by the colonial court system. What can the Sámi case of individual (family) land ownership tell us about the concept of dispossession and Indigenous conceptions of ownership and property? The objective is to demonstrate how the concept of dispossession has different histories in different contexts, and how individual land ownership has not historically been alien to Indigenous peoples.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
CiteScore
1.70
自引率
0.00%
发文量
20
期刊介绍: Comparative Legal History is an international and comparative review of law and history. Articles will explore both ''internal'' legal history (doctrinal and disciplinary developments in the law) and ''external'' legal history (legal ideas and institutions in wider contexts). Rooted in the complexity of the various Western legal traditions worldwide, the journal will also investigate other laws and customs from around the globe. Comparisons may be either temporal or geographical and both legal and other law-like normative traditions will be considered. Scholarship on comparative and trans-national historiography, including trans-disciplinary approaches, is particularly welcome.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信