创造 “无人的荒野”：从系谱学看美国国家公园制度与土著人民人权危机 = The making of the 'Untouched Wilderness': a genealogical analysis of the establishment of early American national parks

While environmental law scholars often emphasize national parks' contributions to ecological conservation, they frequently overlook the transformations in political and social relationships brought about by these institutions, as well as their colonial foundations. From a genealogical perspective, it reveals the crisis of indigenous rights caused by the establishment of the American National Park system, dating back to 1872. By analyzing the social context, legislative processes, and judicial decisions that made early American national parks possible, we examine how these parks transformed relationships among European settlers, indigenous peoples, and the environment. The establishment of early national parks was accompanied by colonial oppression of indigenous peoples, resulting in severe human rights violations. Rather than environmental conservation, the original intention behind these parks was to shape settlers' identities and satisfy their religious ambitions. This intention al igned with the modern colonial State's need to seize land and natural resources from indigenous communities. To convert areas designated as national parks into "untouched wilderness", the U.S. government stigmatized indigenous livelihoods, denied treaty rights, and forcibly expelled indigenous people. Neither the 19th century doctrine of Manifest Destiny nor the ecological discourse currently used to defend the national park can justify the hegemonic structures and power dynamics that underlie this institution.