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Dominant theories of aboriginal rights articulate the relation between rights and identity in terms of a logic which treats identity as an irreducible good and rights as the instrumental means of its protection. However, identity claims and legal claims emerge in our use of language. Identity and the institutions in which identities are expressed and experienced are constituted in speech. A close analysis reveals the degree to which law and identity are a systemic imbrication of normative claims characterized by an innate indeterminacy. This indeterminacy renders all rights and identity claims contingent on their reception and validation by others.