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Robert Nichols - Theft Is Property! : Dispossession and Critical Theory

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Robert Nichols Theft Is Property! : Dispossession and Critical Theory
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RADICAL AMRICAS

A SERIES EDITED BY BRUNO BOSTEELS

AND GEORGE CICCARIELLO-MAHER

HEFT IS PROPERTY!

DISPOSSESSION & CRITICAL THEORY

Robert Nichols

DUKE UNIVERSITY PRESSDurham & London2020

2020 Duke University Press

All rights reserved

Printed in the United States of America on acid-free paper

Designed by Matthew Tauch

Typeset in Garamond Premier Pro by Westchester Publishing Services

Library of Congress Cataloging-in-Publication Data

Names: Nichols, Robert, [date] author.

Title: Theft is property! : dispossession and critical theory / Robert Nichols.

Other titles: Radical Amricas.

Description: Durham : Duke University Press 2020. | Series: Radical Americas | Includes bibliographical references and index.

Identifiers: LCCN 2019013470 (print)

LCCN 2019981358 (ebook)

ISBN 9781478006732 (paperback)

ISBN 9781478006084 (hardcover)

ISBN 9781478007500 (ebook)

Subjects: LCSH: Indians of North AmericaLand tenure. | Indians of North AmericaClaims. | Indians of North AmericaLegal status, laws, etc. | Indigenous peoplesLand tenureNorth America.

Classification: : LCC E98.L3 N534 2020 (print) | : LCC E98.L3 (ebook) | DDC 970.004/97dc23

LC record available at https://lccn.loc.gov/2019013470

LC ebook record available at https://lccn.loc.gov/2019981358

Cover art: Donald F. Montileaux, Con.Fron.Ta.Tion, 2013. Courtesy of the artist.

This book is freely available in an open access edition thanks to TOME (Toward an Open Monograph Ecosystem)a collaboration of the Association of American Universities, the Association of University Presses, and the Association of Research Librariesand the generous support of the University of Minnesota. Learn more at the TOME website, which can be found at the following web address: openmonographs.org.

This work is dedicated to my mother.

CONTENTS

This book was written in two very different locales; it bears the marks of both. It was initially conceived while I was serving as an Alexander von Humboldt Fellow in the Department of Philosophy at the Humboldt Universitt zu Berlin (HU). I am especially grateful to Rahel Jaeggi for her generous support, to Martin Saar and Eva von Redecker for their friendship and intellectual acumen, and to the entire colloquium on practical philosophy at HU for the community they provided during my years in Berlin.

In the fall of 2015, I joined the Department of Political Science at the University of Minnesota, Twin Cities. Since then, I have been enormously fortunate to work in a very supportive department. I owe particularly large debts to my two extraordinary political theory colleagues: Nancy Luxon and Joan Tronto. I also feel very lucky to work at an institution that takes Indigenous politics and scholarship so seriously. In 201718, I participated in a yearlong Sawyer Research Seminar on The Politics of Land, which gave me an opportunity to work with a truly interdisciplinary group of faculty members and graduate students, all of whom pushed the conversation in demanding and important ways. I continue to reflect on many of the questions raised that year and am grateful to you all for that experience.

I have presented aspects of this work at Columbia University; Humboldt Universitt zu Berlin; Goldsmiths, University of London; Ko UniversityIstanbul; McGill University; Pennsylvania State University; Yale University; Universitt Leipzig; University of Alberta; University of British Columbia; University of California, Santa Cruz; University of Cambridge; Universitt Mainz; University of Minnesota; at the SAVVY Contemporary Art Gallery in Berlin and Performing Arts Forum in St. Erme, France; and at the American Philosophical Association, the American Political Science Association, the Association for Political Theory, the Native American and Indigenous Studies Association, and the Western Political Science Association. In the spring of 2018, Michele Span and Alice Ingold were kind enough to invite me to serve as visiting faculty at the cole des Hautes tudes in Paris. This came at the perfect time, as I was in the final stages of preparing my argument. Thank you as well to all of the graduate students who participated in the seminars. Financial support for this project has been provided by the McKnight Land-Grant Professorship at the University of Minnesota.

The ideas presented in this book are the result of extensive conversations with dozens of people, each of whom has made significant, positive contributions to its content. Thanks in particular to Phanuel Antwi, Banu Bargu, Joanne Barker, Brenna Bhandar, Glen Coulthard, Jaskiran Dhillon, Nick Estes, Denise Ferreira da Silva, Mishuana Goeman, Alyosha Goldstein, Juliana Hu Pegues, Ulas Ince, John Monroe, Jeani OBrien, K-Sue Park, Shiri Pasternak, William Clare Roberts, Audra Simpson, Jakeet Singh, Chlo Taylor, and James Tully. I would also like to acknowledge the labor of the Duke University Press staff, including the editors, proofreaders, and design team. Special thanks to Courtney Berger for her early faith in this project and to the anonymous reviewers for their insightful comments and corrections. Just as I was putting the finishing touches on this manuscript, I received a copy of Brenna Bhandars Colonial Lives of Property (Durham, NC: Duke University Press, 2018). I did not have the opportunity to incorporate the insights of her book into my own but wish to flag the importance of her work in thinking through similar concerns as those that animate this book.

The person who has most sustained and supported me through this long process is Travis McEwen. Thank you so much, again and again.

The land is ours, by every natural right and every principle of international law recognized in relations among European powers. The land that is ours by every natural right was coveted by European powers. Seizure of our land for the use of their own people could not be justified by the law of nations or the principles of international law that regulate relations among European powers. So it became necessary to concoct a theory that would justify the theft of land.

GEORGE MANUEL (Shuswap), 1974

Brother! We are determined not to sell our lands, but to continue on them. The white people buy and sell false rights to our lands. They have no right to buy and sell false rights to our lands.

SAGOYEWATHA (Seneca), 1811

No Justice on Stolen Land. This slogan is emblazoned on pins, posters, and banners at protest events and organizing meetings held by Indigenous peoples and their allies around the globe. It reflects the high stakes and normative force of these struggles, and marks in dramatic fashion the acceleration and intensification of conflicts over land use in recent decades. In the course of writing this book, an especially important instance of this mobilization was taking place: thousands of Indigenous peoples from North America and beyond gathered at the Sacred Stone Camp in joint opposition to the Dakota Access Pipeline. An estimated $3.8 billion project, the pipeline is scheduled to transport between 470,000 and 570,000 barrels of crude oil per day over 1,200 miles, traversing the Missouri River immediately upstream of the Standing Rock Sioux reservation.

To truly understand the struggle at Standing Rock, we need to situate it in a longer history. For, although rare, this is not the only such major gathering. In 1851 ten to fifteen thousand Great Plains Indigenous peoples met nearby with representatives of the United States. Among other agreements, this historic gathering produced the Treaty of Traverse des Sioux and the first Fort Laramie Treaty, securing lands for the Dakota peoples in what was then the Minnesota Territory, as well as safe passage through Indian country for settlers on their way to California. By 1862, however, the United States was already beginning to abrogate its responsibilities. The Homestead Act of that year effectively opened up some 270 million acres of land west of the Mississippi for settlement by providing incentives for squatter-settlers. Subsequent encroachment on Dakota land quickly led to the 186264 Great Sioux Uprising. In this conflict, thousands of Dakota civilians were held in an internment camp at Fort Snelling (near where I write, in present-day Minneapolis-St. Paul), where hundreds perished of cold and starvation. Thirty-eight Dakota men were sentenced to death in the single largest penal execution in U.S. history.

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