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 Discourses of Conquest
Author: Robert A. Williams Jr.
Publisher: Oxford University Press
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.--
The Discourses of Conquest
Author: Robert A. Williams
Publisher: Oxford University Press on Demand
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.
The Rehnquist Court, Indian Rights, And the Legal History of Racism in America
Author: Robert A. Williams
Publisher: U of Minnesota Press
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.
The Invention of Western Civilization
Author: Robert A. Williams
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.
American Indian Treaty Visions of Law and Peace, 1600-1800
Author: Robert A. Williams, Jr.
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.
Author: S. James Anaya
Publisher: Oxford University Press, USA
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.
An Intellectual Voyage
Author: Stephen M. Feldman
Publisher: Oxford University Press
"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.
American Indian Autobiography and the Law
Author: David J. Carlson
Publisher: University of Illinois Press
"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.
An Analysis of the Declaration on the Rights of Indigenous Peoples
Author: Charmaine White Face
Category: Indigenous peoples
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.
Author: Margaret Jane Radin
Publisher: University of Chicago Press
Category: Political Science
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.
Author: James Mooney
Publisher: Createspace Independent Publishing Platform
Category: Cherokee Indians
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.
Sexual Violence and American Indian Genocide
Author: Andrea Smith
Publisher: Duke University Press
Category: Social Science
Adopting a global approach, Fitzmaurice analyses the laws that shaped modern European empires from medieval times to the twentieth century.
Author: Andrew Fitzmaurice
Publisher: Cambridge University Press
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.
Native American Social and Political Thought
Author: Sandy Grande
Publisher: Rowman & Littlefield
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.
Judicial Minimalism on the Supreme Court
Author: Cass R. Sunstein
Publisher: Harvard University Press
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."
Author: L. C. Green,Olive Patricia Dickason
Publisher: University of Alberta
Contains primary and secondary source articles which trace the conquest of the New World, providing information on Christopher Columbus, the Conquistadors, and the Indians.
Author: Helen Cothran
Publisher: Greenhaven Press, Incorporated
England and the North American Indian, 1500-1660
Author: Harry Culverwell Porter