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The Ghosts of Cemetery Road

Two Forgotten Indigenous Women and the Crisis of Analytical Jurisprudence

Bibliographic Data

ID5008746
AuthorsWilliam E Conklin (University of Windsor, corresponding author)
Year2011
Volume35
Issue1
Pages3-21
Publication date2011-12-01
Open AccessNo
TypeARTICLE
VenueAustralian Feminist Law Journal (JOURNAL)
Journal identifiersISSN: 1320-0968 • E-ISSN: 2204-0064
PublisherInforma UK Limited (PUBLISHER • GB)
DOI10.1080/13200968.2011.10854457
OpenAlexW2022138340
LanguageEN

Taking an example of two indigenous women from my early 19th century family, this article examines why they were forgotten after their deaths. The article connects this forgotten phenomenon with the preoccupation of analytical jurisprudence and legal analysis with concepts. When the tradition of Analytical Jurisprudence has identified a law as if emptied of social relationships, experiential knowledge cannot be accessed. Experiential knowledge draws from experiential body's expectations as well as personal and collective memories. Rights, property jurisdiction, doctrines, rules and other legal standards risk being analyzed as emptied of such experiential knowledge. The indigenous women were forgotten because they were signified as empty concepts, better known as abstract, rather than concrete, persons

Epistemology · Experiential knowledge · Experiential learning · Indigenous · Jurisdiction · Jurisprudence · Phenomenon · Political science · Property (philosophy · Sociology · Therapeutic jurisprudence · American Constitutional Law and Politics · Indigenous Health, Education, and Rights · Law · Law in Society and Culture · Philosophy · Psychology

Highly citedNo

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Ethnos_APP • Open Source Project • MIT License • Frontend v2.0.0 • Privacy and Cookies • API Documentation: api.ethnos.app/docs • API Source Code: GitHub • DOI: 10.5281/zenodo.17049435 • Frontend Source Code: GitHub • DOI: 10.5281/zenodo.17050053 • cruz.rio.br • Expectantes Misericordiae