The American Indian in Western Legal Thought

Author: Robert A. Williams Jr.
Publisher: Oxford University Press
ISBN: 0198021739
Release Date: 1992-11-26
Genre: Law

Exploring the history of contemporary legal thought on the rights and status of the West's colonized indigenous tribal peoples, Williams here traces the development of the themes that justified and impelled Spanish, English, and American conquests of the New World.

Savage Anxieties

Author: Robert A. Williams, Jr.
Publisher: St. Martin's Press
ISBN: 9781137116079
Release Date: 2012-08-21
Genre: History

From one of the world's leading experts on Native American law and indigenous peoples' human rights comes an original and striking intellectual history of the tribe and Western civilization that sheds new light on how we understand ourselves and our contemporary society. Throughout the centuries, conquest, war, and unspeakable acts of violence and dispossession have all been justified by citing civilization's opposition to these differences represented by the tribe. Robert Williams, award winning author, legal scholar, and member of the Lumbee Indian Tribe, proposes a wide-ranging reexamination of the history of the Western world, told from the perspective of civilization's war on tribalism as a way of life. Williams shows us how what we thought we knew about the rise of Western civilization over the tribe is in dire need of reappraisal.

Public Native America

Author: Mary Lawlor
Publisher: Rutgers University Press
ISBN: 9780813538655
Release Date: 2006
Genre: Social Science

The Native American casino and gaming industry has attracted unprecedented American public attention to life on reservations. Other tribal public venues, such as museums and powwows, have also gained in popularity among non-Native audiences and become sites of education and performance. In Public Native America, Mary Lawlor explores the process of tribal self-definition that the communities in her study make available to off-reservation audiences. Focusing on architectural and interior designs as well as performance styles, she reveals how a complex and often surprising cultural dynamic is created when Native Americans create lavish displays for the public's participation and consumption. Drawing on postcolonial and cultural studies, Lawlor argues that these venues serve as a stage where indigenous communities play out delicate negotiations—on the one hand retaining traditional beliefs and rituals, while on the other, using what they have learned about U.S. politics, corporate culture, tourism, and public relations to advance their economic positions.

Linking Arms Together

Author: Robert A. Williams
Publisher: Psychology Press
ISBN: 0415925770
Release Date: 1999
Genre: History

This readable yet sophisticated survey of treaty-making between Native and European Americans before 1800, recovers a deeper understanding of how Indians tried to forge a new society with whites on the multicultural frontiers of North America-an understanding that may enlighten our own task of protecting Native American rights and imagining racial justice.

The Legal Ideology of Removal

Author: Tim Alan Garrison
Publisher: University of Georgia Press
ISBN: 9780820334172
Release Date: 2009
Genre: Law

This study is the first to show how state courts enabled the mass expulsion of Native Americans from their southern homelands in the 1830s. Our understanding of that infamous period, argues Tim Alan Garrison, is too often molded around the towering personalities of the Indian removal debate, including President Andrew Jackson, Cherokee leader John Ross, and United States Supreme Court Justice John Marshall. This common view minimizes the impact on Indian sovereignty of some little-known legal cases at the state level. Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions. As Garrison discusses Georgia v. Tassels (1830), Caldwell v. Alabama (1831), Tennessee v. Forman (1835), and other cases, he shows how proremoval partisans exploited regional sympathies. By casting removal as a states' rights, rather than a moral, issue, they won the wide support of a land-hungry southern populace. The disastrous consequences to Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles are still unfolding. Important in its own right, jurisprudence on Indian matters in the antebellum South also complements the legal corpus on slavery. Readers will gain a broader perspective on the racial views of the southern legal elite, and on the logical inconsistencies of southern law and politics in the conceptual period of the anti-Indian and proslavery ideologies.

Savages and Scoundrels

Author: Paul VanDevelder
Publisher: Yale University Press
ISBN: 9780300142501
Release Date: 2009-04-14
Genre: History

What really happened in the early days of our nation? How was it possible for white settlers to march across the entire continent, inexorably claiming Native American lands for themselves? Who made it happen, and why? This gripping book tells America’s story from a new perspective, chronicling the adventures of our forefathers and showing how a legacy of repeated betrayals became the bedrock on which the republic was built. Paul VanDevelder takes as his focal point the epic federal treaty ratified in 1851 at Horse Creek, formally recognizing perpetual ownership by a dozen Native American tribes of 1.1 million square miles of the American West. The astonishing and shameful story of this broken treaty—one of 371 Indian treaties signed during the eighteenth and nineteenth centuries—reveals a pattern of fraudulent government behavior that again and again displaced Native Americans from their lands. VanDevelder describes the path that led to the genocide of the American Indian; those who participated in it, from cowboys and common folk to aristocrats and presidents; and how the history of the immoral treatment of Indians through the twentieth century has profound social, economic, and political implications for America even today.

A Final Promise

Author: Frederick E. Hoxie
Publisher: U of Nebraska Press
ISBN: 0803273274
Release Date: 2001
Genre: History

"This is an important book. In the latter nineteenth century, diverse and influential elements in white America combined forces to settle the 'Indian question' through assimilation. . . . The results were the essentially treaty-breaking Dawes Act of 1887, related legislation, and dubious court decisions. Schoolteachers and missionaries were dispatched to the reservations en masse. Eventual 'citizenship' without functional rights was given Native Americans; the Indians lost two-thirds of reservation land as it had existed before the assimilationist campaign. . . . With insight and skill that go well beyond craft, Hoxie has admirably defined issues and motives, placed economic/political/social interaction into cogent perspective, brought numerous Anglo and Indian individuals and organizations to life, and set forth important lessons."-Choice. "This significant study of Indian-white relations during a complex time in national politics deserves close attention."-American Indian Quarterly. "Important and intellectually challenging . . . This volume goes far to fill a large gap in the history of United States Indian policy."-Journal of American History. Frederick E. Hoxie is director of the D'Arcy McNickle Center for the History of the American Indian at the Newberry Library. He coedited (with Joan Mark) E. Jane Gay's With the Nez Percs: Alice Fletcher in the Field, 1889-92 (Nebraska 1981).

The Name of War

Author: Jill Lepore
Publisher: Vintage
ISBN: 0307488578
Release Date: 2009-09-23
Genre: History

Winner of the Bancroft Prize King Philip's War, the excruciating racial war—colonists against Indians—that erupted in New England in 1675, was, in proportion to population, the bloodiest in American history. Some even argued that the massacres and outrages on both sides were too horrific to "deserve the name of a war." The war's brutality compelled the colonists to defend themselves against accusations that they had become savages. But Jill Lepore makes clear that it was after the war—and because of it—that the boundaries between cultures, hitherto blurred, turned into rigid ones. King Philip's War became one of the most written-about wars in our history, and Lepore argues that the words strengthened and hardened feelings that, in turn, strengthened and hardened the enmity between Indians and Anglos. Telling the story of what may have been the bitterest of American conflicts, and its reverberations over the centuries, Lepore has enabled us to see how the ways in which we remember past events are as important in their effect on our history as were the events themselves. Winner of the the 1998 Ralph Waldo Emerson Award of the Phi Beta Kappa Society

Natural Law and the Theory of Society 1500 to 1800

Author: Otto Friedrich von Gierke
Publisher: The Lawbook Exchange, Ltd.
ISBN: 9781584771494
Release Date: 1950
Genre: History

Gierke, Otto. Natural Law and the Theory of Society 1500 to 1800. With a Lecture on the Ideas of Natural Law and Humanity by Ernst Troeltsch. Translated with an Introduction by Ernest Barker. Complete in one volume. Cambridge: The University Press, 1950. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 2001016483. ISBN 1-58477-149-6. Cloth. $110. * Reprint complete in one volume that contains "an English translation of five sections of the fourth volume of Otto von Gierke's magisterial treatise on the history of the German law of associations. When this edition was published, all competent students of the history of jurisprudence and political thought at once recognized that Professor Barker had made a very important contribution to the literature of these fields, none the less so because of the elaborate and learned Introduction which he himself had contributed." C.J. Friedrich, Harv. L. Rev. 49:677-680 cited in Marke, Catalogue of the Law Collection at New York University 938. Gierke [1841-1921], an important German jurist, is widely considered to be a founder of modern German constitutional law.

Law Rhetoric and Irony in the Formation of Canadian Civil Culture

Author: Michael Dorland
Publisher: University of Toronto Press
ISBN: 0802081193
Release Date: 2002
Genre: History

In Rhetoric, Irony, and Law in the Formation of Canadian Civil Culture, Michael Dorland and Maurice Charland examine how, over the roughly 400-year period since the encounter of First Peoples with Europeans in North America, rhetorical or discursive fields took form in politics and constitution-making, in the formation of a public sphere, and in education and language. The study looks at how these fields changed over time within the French regime, the British regime, and in Canada since 1867, and how they converged through trial and error into a Canadian civil culture. The authors establish a triangulation of fields of discourse formed by law (as a technical discourse system), rhetoric (as a public discourse system), and irony (as a means of accessing the public realm as the key pillars upon which a civil culture in Canada took form) in order to scrutinize the process of creating a civil culture. By presenting case studies ranging from the legal implications of the transition from French to English law to the continued importance of the Louis Riel case and trial, the authors provide detailed analyses of how communication practices form a common institutional culture. As scholars of communication and rhetoric, Dorland and Charland have written a challenging examination of the history of Canadian governance and the central role played by legal and other discourses in the formation of civil culture.

Separate Peoples One Land

Author: Cynthia Cumfer
Publisher: UNC Press Books
ISBN: 9781469606590
Release Date: 2012-09-01
Genre: History

Exploring the mental worlds of the major groups interacting in a borderland setting, Cynthia Cumfer offers a broad, multiracial intellectual and cultural history of the Tennessee frontier in the Revolutionary and early national periods, leading up to the era of rapid westward expansion and Cherokee removal. Attentive to the complexities of race, gender, class, and spirituality, Cumfer offers a rare glimpse into the cultural logic of Native American, African American, and Euro-American men and women as contact with one another powerfully transformed their ideas about themselves and the territory they came to share. The Tennessee frontier shaped both Cherokee and white assumptions about diplomacy and nationhood. After contact, both groups moved away from local and personal notions about polity to embrace nationhood. Excluded from the nationalization process, slaves revived and modified African and American premises about patronage and community, while free blacks fashioned an African American doctrine of freedom that was both communal and individual. Paying particular attention to the influence of older European concepts of civilization, Cumfer shows how Tennesseans, along with other Americans and Europeans, modified European assumptions to contribute to a discourse about civilization, one both dynamic and destructive, which has profoundly shaped world history.

Crooked Paths to Allotment

Author: C. Joseph Genetin-Pilawa
Publisher: UNC Press Books
ISBN: 9780807837412
Release Date: 2012-10-22
Genre: History

Standard narratives of Native American history view the nineteenth century in terms of steadily declining Indigenous sovereignty, from removal of southeastern tribes to the 1887 General Allotment Act. In Crooked Paths to Allotment, C. Joseph Genetin-Pilawa complicates these narratives, focusing on political moments when viable alternatives to federal assimilation policies arose. In these moments, Native American reformers and their white allies challenged coercive practices and offered visions for policies that might have allowed Indigenous nations to adapt at their own pace and on their own terms. Examining the contests over Indian policy from Reconstruction through the Gilded Age, Genetin-Pilawa reveals the contingent state of American settler colonialism. Genetin-Pilawa focuses on reformers and activists, including Tonawanda Seneca Ely S. Parker and Council Fire editor Thomas A. Bland, whose contributions to Indian policy debates have heretofore been underappreciated. He reveals how these men and their allies opposed such policies as forced land allotment, the elimination of traditional cultural practices, mandatory boarding school education for Indian youth, and compulsory participation in the market economy. Although the mainstream supporters of assimilation successfully repressed these efforts, the ideas and policy frameworks they espoused established a tradition of dissent against disruptive colonial governance.

Why You Can t Teach United States History without American Indians

Author: Susan Sleeper-Smith
Publisher: UNC Press Books
ISBN: 9781469621210
Release Date: 2015-04-20
Genre: History

A resource for all who teach and study history, this book illuminates the unmistakable centrality of American Indian history to the full sweep of American history. The nineteen essays gathered in this collaboratively produced volume, written by leading scholars in the field of Native American history, reflect the newest directions of the field and are organized to follow the chronological arc of the standard American history survey. Contributors reassess major events, themes, groups of historical actors, and approaches--social, cultural, military, and political--consistently demonstrating how Native American people, and questions of Native American sovereignty, have animated all the ways we consider the nation's past. The uniqueness of Indigenous history, as interwoven more fully in the American story, will challenge students to think in new ways about larger themes in U.S. history, such as settlement and colonization, economic and political power, citizenship and movements for equality, and the fundamental question of what it means to be an American. Contributors are Chris Andersen, Juliana Barr, David R. M. Beck, Jacob Betz, Paul T. Conrad, Mikal Brotnov Eckstrom, Margaret D. Jacobs, Adam Jortner, Rosalyn R. LaPier, John J. Laukaitis, K. Tsianina Lomawaima, Robert J. Miller, Mindy J. Morgan, Andrew Needham, Jean M. O'Brien, Jeffrey Ostler, Sarah M. S. Pearsall, James D. Rice, Phillip H. Round, Susan Sleeper-Smith, and Scott Manning Stevens.

Writing Indian Nations

Author: Maureen Konkle
Publisher: Univ of North Carolina Press
ISBN: 9780807875902
Release Date: 2005-11-16
Genre: Social Science

In the early years of the republic, the United States government negotiated with Indian nations because it could not afford protracted wars politically, militarily, or economically. Maureen Konkle argues that by depending on treaties, which rest on the equal standing of all signatories, Europeans in North America institutionalized a paradox: the very documents through which they sought to dispossess Native peoples in fact conceded Native autonomy. As the United States used coerced treaties to remove Native peoples from their lands, a group of Cherokee, Pequot, Ojibwe, Tuscarora, and Seneca writers spoke out. With history, polemic, and personal narrative these writers countered widespread misrepresentations about Native peoples' supposedly primitive nature, their inherent inability to form governments, and their impending disappearance. Furthermore, they contended that arguments about racial difference merely justified oppression and dispossession; deriding these arguments as willful attempts to evade the true meanings and implications of the treaties, the writers insisted on recognition of Native peoples' political autonomy and human equality. Konkle demonstrates that these struggles over the meaning of U.S.-Native treaties in the early nineteenth century led to the emergence of the first substantial body of Native writing in English and, as she shows, the effects of the struggle over the political status of Native peoples remain embedded in contemporary scholarship.

Like a Loaded Weapon

Author: Robert A. Williams
Publisher: U of Minnesota Press
ISBN: 9781452907567
Release Date: 2005
Genre: Law

Robert A. Williams Jr. boldly exposes the ongoing legal force of the racist language directed at Indians in American society. Fueled by well-known negative racial stereotypes of Indian savagery and cultural inferiority, this language, Williams contends, has functioned “like a loaded weapon” in the Supreme Court’s Indian law decisions. Beginning with Chief Justice John Marshall’s foundational opinions in the early nineteenth century and continuing today in the judgments of the Rehnquist Court, Williams shows how undeniably racist language and precedent are still used in Indian law to justify the denial of important rights of property, self-government, and cultural survival to Indians. Building on the insights of Malcolm X, Thurgood Marshall, and Frantz Fanon, Williams argues that racist language has been employed by the courts to legalize a uniquely American form of racial dictatorship over Indian tribes by the U.S. government. Williams concludes with a revolutionary proposal for reimagining the rights of American Indians in international law, as well as strategies for compelling the current Supreme Court to confront the racist origins of Indian law and for challenging bigoted ways of talking, thinking, and writing about American Indians. Robert A. Williams Jr. is professor of law and American Indian studies at the James E. Rogers College of Law, University of Arizona. A member of the Lumbee Indian Tribe, he is author of The American Indian in Western Legal Thought: The Discourses of Conquest and coauthor of Federal Indian Law.