The Uses of History
Language, Ideology, and Law in The United States and South Africa
Bibliographic Data
| ID | 4758079 |
|---|---|
| Authors | Elizabeth Mertz (0000-0002-9774-641X, corresponding author) |
| Year | 1988 |
| Volume | 22 |
| Issue | 4 |
| Pages | 661-685 |
| Publication date | 1988-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Society Review (JOURNAL) |
| Journal identifiers | ISSN: 0023-9216 • E-ISSN: 1540-5893 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/3053705 |
| OpenAlex | W2087878711 |
| Language | EN |
| Citations received | 36 |
| References cited | 16 |
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
Linguistic Variation and Morphology · Multilingual Education and Policy · South African History and Culture
Beating the Bounds
Un jeu d'enfant
Anthropology, Law, and Transnational Processes
“Best Interests” and the Repatriation of Vietnamese Unaccompanied Minors
Unsettled Settlers
“Honest Bandits” and “Warped People”
Beating the Bounds
Judges without Courts
The Composite State
Ghettos in the Holocaust
The Language of Law School
Suspended in Space
Co-Animation of and Resistance to the Construction of Witness, Victim, and Perpetrator Identities in Forensic Interviews With Children
Toward an Anthropology of Fragments, Instabilities, and Incomplete Transitions
The Perfidy of Gaze and the Pain of Uncertainty
Domestic Matters
Trance against the State
Ethnography in/of Transnational Processes
Breaching the Colonial Contract
Understanding Law and Race as Mutually Constitutive
Hidden in Plain View
Rorschach Tests, Pluralism, and Hopes for the Future
Collective Memory and Judicial Legitimacy
Resource Instrumentalism, Privatization, and Commodification
Commentary
Language, Law, and Social Meanings
Place, Race, and Names
Suspended in Space
Constructive Approaches to Law, Culture, and Identity
A New Social Constructionism for Sociolegal Studies
U.S. colonial law and the creation of marginalized political entities
Justice and healing
Challenging the Indian Child Welfare Act
Blue Jeans, Rape, and the "De-Constitutive" Power of Law
Queers and Provocateurs
Off-the-record
Race and state in capitalist development
Fathers and children
Historical Metaphors and Mythical Realities
The Interpretation of Cultures
Outline of a Theory of Practice
Judicial Enforcement of the Federal Trust Responsibility to Indians
The Supreme Court and the Uses of History
The Political Mythology of Apartheid
Law and Strategy in the Divorce Lawyer's Office
Rule-Centrism Versus Legal Creativity
Treaties on Trial
American Indians, American Justice
| Unique citing works | 36 |
|---|---|
| Citations per year | 1 |
| Citation span | 1990 - 2025 (36) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 33 |