By Judith H. Aks
Aks's research of "marrying out" cases--when indigenous ladies marry open air in their tribe--in the us and Canada examines how indigenous ladies mobilize the legislation. by way of marrying out in their tribes/bands, those girls both lose their "Indian" prestige or are not able to go such prestige directly to their young ones, they usually have few criminal instruments that surround their designated identities. The e-book concludes that the effect of indigenous women's criminal mobilization might be assessed by way of the opportunity of destiny democratic participation. felony mobilization is helping tame the consequences of intersectional strength provided that it presents indigenous ladies new possibilities to redefine rights.
Read or Download Women's Rights in Native North America: Legal Mobilization in the US and Canada (Law and Society (New York, N.Y.).) PDF
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Additional resources for Women's Rights in Native North America: Legal Mobilization in the US and Canada (Law and Society (New York, N.Y.).)
Example text
81 Individual civil rights and sovereignty rights can be considered “master frames,”82 which define how the others get constructed. They also represent the intersectional concerns that are central to this study: Individual civil rights broadly correspond to the gender strand of power, while sovereignty loosely represents the race strand. Yet it is important to note that these strands of power and legal discourses are cross-cutting and are invoked in combination. This is part of what it means to occupy the intersections of power.
Given the lack of local support, Martinez was forced to turn to the courts of her tribe’s historical oppressor in order to force the tribe to change its discriminatory membership rules. 37 38 Women’s Rights in Native North America 6 The district court found that it had jurisdiction to rule on Santa Clara Pueblo‘s membership ordinance. The district court further found that the membership rule did not violate the ICRA because it reflected the Pueblo’s traditional practices and because membership was a vital aspect of tribal self-determination, the courts could not overturn such practices.
Thus, by looking at the intersections of power, one can see the complex relationship between strategies and identity, and how both are contingent upon the tools and categories that are available at a particular moment. Justice may never be realized. The remedies/solutions that are available will be inherently contradictory. But the “myth” of justice must be rearticulated and reframed to fit current power dynamics. Uncovering contradictions, silences, and categorical cracks should count as an impact of legal mobilization because it unveils the simultaneity of domination and resistance and it clears space for future political participation.