The American Indian in Western Legal Thought

The Discourses of Conquest

Author: Robert A. Williams Jr.

Publisher: Oxford University Press

ISBN: 9780198021735

Category: Law

Page: 368

View: 2949

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.

The American Indian in Western Legal Thought

The Discourses of Conquest

Author: Robert A. Williams

Publisher: Oxford University Press on Demand

ISBN: 0195080025

Category: History

Page: 352

View: 9652

In The American Indian in Western Legal Thought Robert Williams, a legal scholar and Native American of the Lumbee tribe, traces the evolution of contemporary legal thought on the rights and status of American Indians and other indiginous tribal peoples. Beginning with an analysis of the medieval Christian crusading era and its substantive contributions to the West's legal discourse of h̀eathens' and ìnfidels', this study explores the development of the ideas that justified the New World conquests of Spain, England and the United States. Williams shows that long-held notions of the legality of European subjugation and colonization of s̀avage' and b̀arbarian' societies supported the conquests in America. Today, he demonstrates, echoes of racist and Eurocentric prejudices still reverberate in the doctrines and principles of legal discourse regarding native peoples' rights in the United States and in other nations as well.--

Like a Loaded Weapon

The Rehnquist Court, Indian Rights, And the Legal History of Racism in America

Author: Robert A. Williams

Publisher: U of Minnesota Press

ISBN: 1452907560

Category: Law

Page: 270

View: 6574

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.

Savage Anxieties

The Invention of Western Civilization

Author: Robert A. Williams

Publisher: Macmillan

ISBN: 0230338763

Category: History

Page: 265

View: 336

Presents an intellectual history of the West's bias against tribalism that explains how acts of war and dispossession have been justified in the name of civilization and have typically victimized tribal groups.

Linking Arms Together

American Indian Treaty Visions of Law and Peace, 1600-1800

Author: Robert A. Williams, Jr.

Publisher: Routledge

ISBN: 1135282994

Category: History

Page: 204

View: 5958

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.

Indigenous Peoples in International Law

Author: S. James Anaya

Publisher: Oxford University Press, USA

ISBN: 9780195173505

Category: Law

Page: 396

View: 7171

In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.

American Legal Thought from Premodernism to Postmodernism

An Intellectual Voyage

Author: Stephen M. Feldman

Publisher: Oxford University Press

ISBN: 9780198026969

Category: Law

Page: 288

View: 2201

The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.

Sovereign Selves

American Indian Autobiography and the Law

Author: David J. Carlson

Publisher: University of Illinois Press

ISBN: 9780252072666

Category: History

Page: 217

View: 5068

"Carlson argues that by drawing on the conventions of early colonial treaty making, nineteenth- and early twentieth-century Indian autobiographers sought to adapt and redefine the terms of Indian law as a way to assert specific property-based and civil rights. Focusing primarily on the autobiographical careers of two major writers (William Apess and Charles Eastman), Sovereign Selves traces the way that their sustained engagement with colonial legal institutions gradually enabled them to produce a new rhetoric of "Indianness"."--BOOK JACKET.

Indigenous Nations' Rights in the Balance

An Analysis of the Declaration on the Rights of Indigenous Peoples

Author: Charmaine White Face

Publisher: N.A

ISBN: 9780972188685

Category: Indigenous peoples

Page: 144

View: 1971

"Comparing three different versions of the UN Declaration on the Rights of Indigenous Peoples (DRIP), Indigenous Nations' Rights in the Balance analyses the implications of the changes made to DRIP for Indigenous Peoples and Nations. This is a foundational text for Indigenous law and rights and the global struggle of Indigenous Peoples in the face of modern states. Between 1994 and 2007, three different versions of the Declaration on the Rights of Indigenous Peoples were passed by various bodies of the United Nations, culminating in the final version passed by the UN General Assembly. Significant differences exist between these versions--differences that deeply affect the position of all Indigenous Peoples in the world community. In Indigenous Nations' Rights in the Balance, Charmaine White Face gives her well-researched comparative analysis of these versions. She puts side-by-side, for our consideration, passages that change the intent of the Declaration by privileging the power and jurisdiction of nation states over the rights of Indigenous Peoples. As Spokesperson representing the Sioux Nation Treaty Council in UN proceedings, she also gives her insights about each set of changes and their ultimate effect."--Publisher's description.

Reinterpreting Property

Author: Margaret Jane Radin

Publisher: University of Chicago Press

ISBN: 9780226702292

Category: Political Science

Page: 278

View: 3417

This collection of essays by one of the country's leading property theorists revitalizes the liberal personality theory of property. Departing from traditional libertarian and economic theories of property, Margaret Jane Radin argues that the law should take into account nonmonetary personal value attached to property—and that some things, such as bodily integrity, are so personal they should not be considered property at all. Gathered here are pieces ranging from Radin's classic early essay on property and personhood to her recent works on governmental "taking" of private property. Margaret Jane Radin is professor of law at Stanford University. She is the author of over twenty-five articles on legal and political theory.

The Sacred Formulas of the Cherokees

Author: James Mooney

Publisher: Createspace Independent Publishing Platform

ISBN: N.A

Category: Cherokee Indians

Page: 97

View: 5810

The sacred formulas here given are selected from a collection of about six hundred, obtained on the Cherokee reservation in North Carolina in 1887 and 1888, and covering every subject pertaining to the daily life and thought of the Indian, including medicine, love, hunting, fishing, war, self-protection, destruction of enemies, witchcraft, the crops, the council, the ball play, etc., and, in fact, embodying almost the whole of the ancient religion of the Cherokees. The original manuscripts, now in the possession of the Bureau of Ethnology, were written by the shamans of the tribe, for their own use, in the Cherokee characters invented by Sikw�ya (Sequoyah) in 1821, and were obtained, with the explanations, either from the writers themselves or from their surviving relatives.

Conquest

Sexual Violence and American Indian Genocide

Author: Andrea Smith

Publisher: Duke University Press

ISBN: 0822374811

Category: Social Science

Page: 264

View: 3584

In this revolutionary text, prominent Native American studies scholar and activist Andrea Smith reveals the connections between different forms of violence—perpetrated by the state and by society at large—and documents their impact on Native women. Beginning with the impact of the abuses inflicted on Native American children at state-sanctioned boarding schools from the 1880s to the 1980s, Smith adroitly expands our conception of violence to include the widespread appropriation of Indian cultural practices by whites and other non-Natives; environmental racism; and population control. Smith deftly connects these and other examples of historical and contemporary colonialism to the high rates of violence against Native American women—the most likely to suffer from poverty-related illness and to survive rape and partner abuse. Smith also outlines radical and innovative strategies for eliminating gendered violence.

Red Pedagogy

Native American Social and Political Thought

Author: Sandy Grande

Publisher: Rowman & Littlefield

ISBN: 161048990X

Category: Education

Page: 332

View: 3380

This ground-breaking text explores the intersection between dominant modes of critical educational theory and the socio-political landscape of American Indian education. Grande asserts that, with few exceptions, the matters of Indigenous people and Indian education have been either largely ignored or indiscriminately absorbed within critical theories of education.

Discourse on Colonialism

Author: Aimé Césaire

Publisher: NYU Press

ISBN: 1583674101

Category: History

Page: 102

View: 9597

"Césaire's essay stands as an important document in the development of third world consciousness--a process in which [he] played a prominent role." --Library Journal This classic work, first published in France in 1955, profoundly influenced the generation of scholars and activists at the forefront of liberation struggles in Africa, Latin America, and the Caribbean. Nearly twenty years later, when published for the first time in English, Discourse on Colonialism inspired a new generation engaged in the Civil Rights, Black Power, and anti-war movements and has sold more than 75,000 copies to date. Aimé Césaire eloquently describes the brutal impact of capitalism and colonialism on both the colonizer and colonized, exposing the contradictions and hypocrisy implicit in western notions of "progress" and "civilization" upon encountering the "savage," "uncultured," or "primitive." Here, Césaire reaffirms African values, identity, and culture, and their relevance, reminding us that "the relationship between consciousness and reality are extremely complex. . . . It is equally necessary to decolonize our minds, our inner life, at the same time that we decolonize society." An interview with Césaire by the poet René Depestre is also included.

One Case at a Time

Judicial Minimalism on the Supreme Court

Author: Cass R. Sunstein

Publisher: Harvard University Press

ISBN: 9780674005792

Category: Law

Page: 290

View: 7148

Abortion, affirmative action, the "right to die," pornography and free speech, homosexuality and sex discrimination: as eagerly as the Supreme Court's rulings on these hot issues are awaited and as intently as they're studied, they never seem to settle anything once and for all. But something is settled in the process--in the incremental approach--as Cass Sunstein shows us in this instructive book. One of America's preeminent constitutional scholars, Sunstein mounts a defense of the most striking characteristic of modern constitutional law: the inclination to decide one case at a time. Examining various controversies, he shows how--and why--the Court has avoided broad rulings on issues from the legitimacy of affirmative action to the "right to die," and in doing so has fostered rather than foreclosed public debate on these difficult topics. He offers an original perspective on the right of free speech and the many novel questions raised by Congress's efforts to regulate violent and sexual materials on new media such as the Internet and cable television. And on the relationship between the Constitution and homosexuality and sex discrimination, he reveals how the Court has tried to ensure against second-class citizenship--and the public expression of contempt for anyone--while leaving a degree of flexibility to the political process. One Case at a Time also lays out, and celebrates, the remarkable constellation of rights--involving both liberty and equality--that now commands a consensus in American law. An authoritative guide to the Supreme Court, the book offers a new understanding of the American Constitution, and of the relationship between democracy and constitutionalism, and between rights and self-government.

Orientalism

Author: Edward W. Said

Publisher: Vintage

ISBN: 0804153868

Category: Social Science

Page: 432

View: 7240

More than three decades after its first publication, Edward Said's groundbreaking critique of the West's historical, cultural, and political perceptions of the East has become a modern classic. In this wide-ranging, intellectually vigorous study, Said traces the origins of "orientalism" to the centuries-long period during which Europe dominated the Middle and Near East and, from its position of power, defined "the orient" simply as "other than" the occident. This entrenched view continues to dominate western ideas and, because it does not allow the East to represent itself, prevents true understanding. Essential, and still eye-opening, Orientalism remains one of the most important books written about our divided world. From the Trade Paperback edition.

The Law of Nations and the New World

Author: L. C. Green,Olive Patricia Dickason

Publisher: University of Alberta

ISBN: 9780888642578

Category: Religion

Page: 303

View: 2915

Legal, theological and philosophical analysis of the ideology of colonialism. Focuses on sovereignty and right of self-government of Amerindians, leading to present "aboriginal problems" such as those posed by the Canadian constitutional affirmation of "existing aboriginal and treaty rights of the aboriginal people of Canada."

The Conquest of the New World

Author: Helen Cothran

Publisher: Greenhaven Press, Incorporated

ISBN: 9780737712742

Category: History

Page: 144

View: 9176

Contains primary and secondary source articles which trace the conquest of the New World, providing information on Christopher Columbus, the Conquistadors, and the Indians.