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Summary. American criminal law was forged in the crucible of the colonial enterprise. Part British transplant and part American construction, the criminal law gave vivid and physical form to the effort to turn the Americas into an offshoot of Europe.
Viewing colonialism as a crime is not simply about recognising that the land was stolen and the original inhabitants harmed; it is about law’s power to define who is to be considered a worthy victim (Christie, 1986), and who can get away with murder.
Mar 1, 2017 · I argue that a colonial criminology perspective assists in identifying power distinctions that construct notions of difference, thus providing a more nuanced understanding of crime, violence, and criminalization as a response to oppression and alienation.
- Sanna King
- 01 March 2017
- 13
- 11, Issue3
May 9, 2006 · Drawing on existentialism, psychoanalysis, and literary theory, Fanon demonstrates the constitutive effects of European colonialism on identity. It details the traumatic consequences of immersion in a cultural framework that pathologizes blackness, thereby dividing the racialized subject.
Oct 11, 2020 · In 1830, President Andrew Jackson, hailed by President Donald Trump and commemorated on the U.S. $20 bill, signed the Indian Removal Act, which led to the forced removal, relocation, and mass ...
Nov 13, 2023 · In this view, colonialism is constitutionalism’s opposite. Empire is outward-facing and focused not on a nation, but on expansion and conquest. It governs not through consent, but through force. Rather than create a unitary constitutional culture, colonialism fosters legal variation and constitutional pluralism.
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Sep 20, 2019 · There is powerful evidence that the colonization of Indigenous people was and is a crime, and that that crime is on-going. Achieving historical colonial goals often meant committing acts that were criminal even at the time.
