International Research Collaboratives

The State and the Corporation as Legal Fictions: Original Nation and Dissent


Denis De Castro Halis, Hiroshi Fukurai, Jonathan Liljeblad

This IRC analyzes and addresses diverse theoretical and empirical angles of dissent within the law or despite the law. It reflects innovative approaches concerning the conceptualization of dissent, behaviors of resistance, and divergent notions of nation and state. The development of Original Nation Approaches to Inter-“National” Law (ONAIL) scholarship urges the construction of the system of law which ennobles the rights of people and the natural world, i.e., organic and biological entities that exist in an objective reality, over and above the rights of the state and the corporation, i.e., legally-constructed, fictional entities.   The state’s promotion of globalization and neoliberal policies has already accelerated the radical transformation and destruction of indigenous and original nation’s ancestral territory and space.  The IRC organizers propose a radically different interpretation, de-centered perspective, and critical narrative of history, geography, politics, identity, citizenship, and the role of domestic and international laws by incorporating the perspective of the indigenous nation and peoples at the centric-core of the geopolitical analysis of global affairs. The IRC organizers thus aim to expose: (1) the fictional and ephemeral nature of the state and corporation; (2) delegitimize their existence; and (3) promote the construction of a system of law placing the rights and interests of people and the nature over and above the fictional collectivist entities of the state and corporation.


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