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The Uses of History: Language, Ideology, and Law in The United States and South Africa
Published online by Cambridge University Press: 01 July 2024
Abstract
This study compares the language in which South African and United States law represents the histories of indigenous peoples. South African political and legal language has linked denial of indigenous peoples' history with denial of rights to property. The language of the law in the United States recognizes prior history and prior possessory claims to land, although in the past this recognition did not stop the decimation of Native Americans. The contrast between the uses of history in the laws of two nations reveals how ideologies, language, and the law are intertwined in the determination of indigenous peoples' property rights.
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- Research Article
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- Copyright
- Copyright © 1988 The Law and Society Association
Footnotes
I gratefully acknowledge substantial help from Lawrence Rosen and Leonard Rubinowitz in the formulation and writing of this paper. I also thank William Huma and Ziyad Motala for reading and commenting on the manuscript. And to John Brigham, my thanks for his excellent editorial guidance. Address all inquiries to Elizabeth Mertz, American Bar Foundation, 750 North Lake Shore Drive, Chicago, Illinois, 60611.
References
References
South African Government Publications
South African Statutes
United States Statutes
South African Cases
United States Cases
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