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: 7642

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.

Public Native America

Tribal Self-representations in Casinos, Museums, and Powwows

Author: Mary Lawlor

Publisher: Rutgers University Press

ISBN: 0813538653

Category: Social Science

Page: 234

View: 6835

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.

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: 9780816647095

Category: Law

Page: 270

View: 1064

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.

Missionary Conquest

The Gospel and Native American Cultural Genocide

Author: George E. Tinker

Publisher: Fortress Press

ISBN: 9781451408409

Category: Religion

Page: 182

View: 6048

This fascinating probe into U.S. mission history spotlights four cases: Junipero Serra, the Franciscan whose mission to California natives has made him a candidate for sainthood; John Eliot, the renowned Puritan missionary to Massachusetts Indians; Pierre-Jean De Smet, the Jesuit missioner to the Indians of the Midwest; and Henry Benjamin Whipple, who engineered the U.S. government's theft of the Black Hills from the Sioux.

Humanism and America

An Intellectual History of English Colonisation, 1500–1625

Author: Andrew Fitzmaurice

Publisher: Cambridge University Press

ISBN: 9781139436755

Category: Political Science

Page: N.A

View: 7649

Humanism and America provides a major study of the impact of the Renaissance and Renaissance humanism upon the English colonization of America. The analysis is conducted through an interdisciplinary examination of a broad spectrum of writings on colonization, ranging from the works of Thomas More to those of the Virginia Company. Andrew Fitzmaurice shows that English expansion was profoundly neo-classical in inspiration, and he excavates the distinctively humanist tradition that informed some central issues of colonization: the motivations of wealth and profit, honour and glory; the nature of and possibilities for liberty; and the problems of just title, including the dispossession of native Americans. Dr Fitzmaurice presents a colonial tradition which, counter to received wisdom, is often hostile to profit, nervous of dispossession and desirous of liberty. Only in the final chapters does he chart the rise of an aggressive, acquisitive and possessive colonial ideology.

The Name of War

King Philip's War and the Origins of American Identity

Author: Jill Lepore

Publisher: Vintage

ISBN: 9780307488572

Category: History

Page: 368

View: 9065

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

Acts of Rebellion

The Ward Churchill Reader

Author: Ward Churchill

Publisher: Routledge

ISBN: 1135955026

Category: Biography & Autobiography

Page: 504

View: 8991

What could be more American than Columbus Day? Or the Washington Redskins? For Native Americans, they are bitter reminders that they live in a world where their identity is still fodder for white society. "The law has always been used as toilet paper by the status quo where American Indians are concerned," writes Ward Churchill in Acts of Rebellion, a collection of his most important writings from the past twenty years. Vocal and incisive, Churchill stands at the forefront of American Indian concerns, from land issues to the American Indian Movement, from government repression to the history of genocide. Churchill, one of the most respected writers on Native American issues, lends a strong and radical voice to the American Indian cause. Acts of Rebellion shows how the most basic civil rights' laws put into place to aid all Americans failed miserably, and continue to fail, when put into practice for our indigenous brothers and sisters. Seeking to convey what has been done to Native North America, Churchill skillfully dissects Native Americans' struggles for property and freedom, their resistance and repression, cultural issues, and radical Indian ideologies.

Essays in the History of Canadian Law

Quebec and the Canadas

Author: George Blaine Baker,Donald Fyson

Publisher: University of Toronto Press

ISBN: 1442670061

Category: History

Page: 608

View: 8055

The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.

The Image before the Weapon

a critical history of the distinction between combatant and civilian

Author: Helen M. Kinsella

Publisher: Cornell University Press

ISBN: 9780801461262

Category: Political Science

Page: 272

View: 5769

Since at least the Middle Ages, the laws of war have distinguished between combatants and civilians under an injunction now formally known as the principle of distinction. The principle of distinction is invoked in contemporary conflicts as if there were an unmistakable and sure distinction to be made between combatant and civilian. As is so brutally evident in armed conflicts, it is precisely the distinction between civilian and combatant, upon which the protection of civilians is founded, cannot be taken as self-evident or stable. Helen M. Kinsella documents that the history of international humanitarian law itself admits the difficulty of such a distinction. In The Image Before the Weapon, Kinsella explores the evolution of the concept of the civilian and how it has been applied in warfare. A series of discourses-including gender, innocence, and civilization- have shaped the legal, military, and historical understandings of the civilian and she documents how these discourses converge at particular junctures to demarcate the difference between civilian and combatant. Engaging with works on the law of war from the earliest thinkers in the Western tradition, including St. Thomas Aquinas and Christine de Pisan, to contemporary figures such as James Turner Johnson and Michael Walzer, Kinsella identifies the foundational ambiguities and inconsistencies in the principle of distinction, as well as the significant role played by Christian concepts of mercy and charity. She then turns to the definition and treatment of civilians in specific armed conflicts: the American Civil War and the U.S.-Indian Wars of the nineteenth century, and the civil wars of Guatemala and El Salvador in the 1980s. Finally, she analyzes the two modern treaties most influential for the principle of distinction: the 1949 IV Geneva Convention Relative to the Protection of Civilian Persons in Times of War and the 1977 Protocols Additional to the 1949 Conventions, which for the first time formally defined the civilian within international law. She shows how the experiences of the two world wars, but particularly World War II, and the Algerian war of independence affected these subsequent codifications of the laws of war. As recognition grows that compliance with the principle of distinction to limit violence against civilians depends on a firmer grasp of its legal, political, and historical evolution, The Image before the Weapon is a timely intervention in debates about how best to protect civilian populations.

Separate Peoples, One Land

The Minds of Cherokees, Blacks, and Whites on the Tennessee Frontier

Author: Cynthia Cumfer

Publisher: UNC Press Books

ISBN: 1469606593

Category: History

Page: 336

View: 6481

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.

Why You Can't Teach United States History without American Indians

Author: Susan Sleeper-Smith,Juliana Barr,Jean M. O'Brien,Nancy Shoemaker

Publisher: UNC Press Books

ISBN: 1469621215

Category: History

Page: 352

View: 4654

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.

American Christianities

A History of Dominance and Diversity

Author: Catherine A. Brekus,W. Clark Gilpin

Publisher: Univ of North Carolina Press

ISBN: 0807869147

Category: Religion

Page: 544

View: 5367

From the founding of the first colonies until the present, the influence of Christianity, as the dominant faith in American society, has extended far beyond church pews into the wider culture. Yet, at the same time, Christians in the United States have disagreed sharply about the meaning of their shared tradition, and, divided by denominational affiliation, race, and ethnicity, they have taken stances on every side of contested public issues from slavery to women's rights. This volume of twenty-two original essays, contributed by a group of prominent thinkers in American religious studies, provides a sophisticated understanding of both the diversity and the alliances among Christianities in the United States and the influences that have shaped churches and the nation in reciprocal ways. American Christianities explores this paradoxical dynamic of dominance and diversity that are the true marks of a faith too often perceived as homogeneous and monolithic. Contributors: Catherine L. Albanese, University of California, Santa Barbara James B. Bennett, Santa Clara University Edith Blumhofer, Wheaton College Ann Braude, Harvard Divinity School Catherine A. Brekus, University of Chicago Divinity School Kristina Bross, Purdue University Rebecca L. Davis, University of Delaware Curtis J. Evans, University of Chicago Divinity School Tracy Fessenden, Arizona State University Kathleen Flake, Vanderbilt University Divinity School W. Clark Gilpin, University of Chicago Divinity School Stewart M. Hoover, University of Colorado at Boulder Jeanne Halgren Kilde, University of Minnesota David W. Kling, University of Miami Timothy S. Lee, Brite Divinity School, Texas Christian University Dan McKanan, Harvard Divinity School Michael D. McNally, Carleton College Mark A. Noll, University of Notre Dame Jon Pahl, The Lutheran Theological Seminary at Philadelphia Sally M. Promey, Yale University Jon H. Roberts, Boston University Jonathan D. Sarna, Brandeis University

Writing Indian Nations

Native Intellectuals and the Politics of Historiography, 1827-1863

Author: Maureen Konkle

Publisher: Univ of North Carolina Press

ISBN: 0807875902

Category: Social Science

Page: 384

View: 3769

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.

Empire by Treaty

Negotiating European Expansion, 1600-1900

Author: Saliha Belmessous

Publisher: Oxford University Press

ISBN: 0199391807

Category: History

Page: 256

View: 9002

Most histories of European appropriation of indigenous territories have, until recently, focused on conquest and occupation, while relatively little attention has been paid to the history of treaty-making. Yet treaties were also a means of extending empire. To grasp the extent of European legal engagement with indigenous peoples, Empire by Treaty: Negotiating European Expansion, 1600-1900 looks at the history of treaty-making in European empires (Dutch, Spanish, Portuguese, French and British) from the early 17th to the late 19th century, that is, during both stages of European imperialism. While scholars have often dismissed treaties assuming that they would have been fraudulent or unequal, this book argues that there was more to the practice of treaty-making than mere commercial and political opportunism. Indeed, treaty-making was also promoted by Europeans as a more legitimate means of appropriating indigenous sovereignties and acquiring land than were conquest or occupation, and therefore as a way to reconcile expansion with moral and juridical legitimacy. As for indigenous peoples, they engaged in treaty-making as a way to further their interests even if, on the whole, they gained far less than the Europeans from those agreements and often less than they bargained for. The vexed history of treaty-making presents particular challenges for the great expectations placed in treaties for the resolution of conflicts over indigenous rights in post-colonial societies. These hopes are held by both indigenous peoples and representatives of the post-colonial state and yet, both must come to terms with the complex and troubled history of treaty-making over 300 years of empire. Empire by Treaty looks at treaty-making in Dutch colonial expansion, the Spanish-Portuguese border in the Americas, aboriginal land in Canada, French colonial West Africa, and British India.

Understanding Tolowa Histories

Western Hegemonies and Native American Responses

Author: James Collins

Publisher: Psychology Press

ISBN: 9780415912075

Category: History

Page: 232

View: 4252

The Native Tolowa of Northern California were displaced and nearly destroyed in the nineteenth century, but they have since struggled to reclaim their language and collective identity. Today they are emerging as a cohesive cultural and political group. In Understanding Tolowa Histories, James Collins presents a complex historical inquiry into the Tolowa, Native American responses to U.S. domination, and Enlightenment political legacies. He incisively analyzes the relation between cultural otherness and political-economic subjugation, the complexities of history and identity, and the discursive dynamics of claiming a place and resisting displacement. In the process, he situates the Tolowa in the larger context of U.S. and Indian histories while developing a critique of contemporary anthropology.

The Rodrigo Chronicles

Conversations About America and Race

Author: Richard Delgado

Publisher: NYU Press

ISBN: 0814744192

Category: Law

Page: 296

View: 2486

Richard Delgado is one of the most evocative and forceful voices writing on the subject of race and law in America today. The New York Times has described him as a pioneer of critical race theory, the bold and provocative movement that, according to the Times "will be influencing the practice of law for years to come. " In The Rodrigo Chronicles, Delgado, adopting his trademark storytelling approach, casts aside the dense, dry language so commonly associated with legal writing and offers up a series of incisive and compelling conversations about race in America. Rodrigo, a brash and brilliant African-American law graduate has been living in Italy and has just arrived in the office of a professor when we meet him. Through the course of the book, the professor and he discuss the American racial scene, touching on such issues as the role of minorities in an age of global markets and competition, the black left, the rise of the black right, black crime, feminism, law reform, and the economics of racial discrimination. Expanding on one of the central themes of the critical race movement, namely that the law has an overwhelmingly white voice, Delgado here presents a radical and stunning thesis: it is not black, but white, crime that poses the most significant problem in modern American life.

When Sorry Isn't Enough

The Controversy Over Apologies and Reparations for Human Injustice

Author: Roy L. Brooks

Publisher: NYU Press

ISBN: 9780814713310

Category: Law

Page: 536

View: 5388

"This anthology is a collection of essays, written by both internationally renowned and emerging scholars, and of public documents that concern claims from around the world which seek redress for human injustice"--Preface.

Tudor Stuart Britain and the Wider World, 1485-1685: Oxford Bibliographies Online Research Guide

Author: Ken MacMillan

Publisher: Oxford University Press

ISBN: 0199810192

Category:

Page: 26

View: 7283

This ebook is a selective guide designed to help scholars and students of the ancient world find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated. This ebook is just one of many articles from Oxford Bibliographies Online: Atlantic History, a continuously updated and growing online resource designed to provide authoritative guidance through the scholarship and other materials relevant to the study of Atlantic History, the study of the transnational interconnections between Europe, North America, South America, and Africa, particularly in the early modern and colonial period. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.oxfordbibliographies.com.

Crooked Paths to Allotment

The Fight over Federal Indian Policy after the Civil War

Author: C. Joseph Genetin-Pilawa

Publisher: UNC Press Books

ISBN: 0807837415

Category: History

Page: 248

View: 1951

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.

Ethnicity and Group Rights

Nomos XXXIX

Author: Ian Shapiro,Will Kymlicka

Publisher: NYU Press

ISBN: 0814739636

Category: Political Science

Page: 643

View: 7732

Within Western political philosophy, the rights of groups has often been neglected or addressed in only the narrowest fashion. Focusing solely on whether rights are exercised by individuals or groups misses what lies at the heart of ethnocultural conflict, leaving the crucial question unanswered: can the familiar system of common citizenship rights within liberal democracies sufficiently accommodate the legitimate interests of ethnic citizens. Specifically, how does membership in an ethnic group differ from other groups, such as professional, lifestyle, or advocacy groups? How important is ethnicity to personal identity and self-respect, and does accommodating these interests require more than standard citizenship rights? Crucially, what forms of ethnocultural accommodations are consistent with democratic equality, individual freedom, and political stability? Invoking numerous cases studies and addressing the issue of ethnicity from a range of perspectives, Ethnicity and Group Rights seeks to answer these questions.