Linking Arms Together

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

Author: Robert A. Williams, Jr.

Publisher: Routledge

ISBN: 1135282927

Category: History

Page: 204

View: 6929

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.

Savage Anxieties

The Invention of Western Civilization

Author: Robert A. Williams

Publisher: Macmillan

ISBN: 0230338763

Category: History

Page: 265

View: 7452

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 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: 8140

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: 8400

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.

American Indian Education

Counternarratives in Racism, Struggle, and the Law

Author: Matthew L. M. Fletcher

Publisher: Routledge

ISBN: 1135908273

Category: Education

Page: 240

View: 2143

America Indian culture and traditions have survived an unusual amount of oppressive federal and state educational policies intended to assimilate Indian people and destroy their cultures and languages. Yet, Indian culture, traditions, and people often continue to be treated as objects in the classroom and in the curriculum. Using a critical race theory framework and a unique "counternarrative" methodology, American Indian Education explores a host of modern educational issues facing American Indian peoples—from the impact of Indian sports mascots on students and communities, to the uses and abuses of law that often never reach a courtroom, and the intergenerational impacts of American Indian education policy on Indian children today. By interweaving empirical research with accessible composite narratives, Matthew Fletcher breaches the gap between solid educational policy and the on-the-ground reality of Indian students, highlighting the challenges faced by American Indian students and paving the way for an honest discussion about solutions.

Empire by Treaty

Negotiating European Expansion, 1600-1900

Author: Saliha Belmessous

Publisher: Oxford University Press

ISBN: 0199391807

Category: History

Page: 256

View: 1485

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.

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: 9259

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.

Unsettling the Settler Within

Indian Residential Schools, Truth Telling, and Reconciliation in Canada

Author: Paulette Regan

Publisher: UBC Press

ISBN: 0774859644

Category: Social Science

Page: 316

View: 870

In 2008, Canada established a Truth and Reconciliation Commission to mend the deep rifts between Aboriginal peoples and the settler society that created Canada's notorious residential school system. Unsettling the Settler Within argues that non-Aboriginal Canadians must undergo their own process of decolonization in order to truly participate in the transformative possibilities of reconciliation. Settlers must relinquish the persistent myth of themselves as peacemakers and acknowledge the destructive legacy of a society that has stubbornly ignored and devalued Indigenous experience. A compassionate call to action, this powerful book offers a new and hopeful path toward healing the wounds of the past.

Cases and Materials on Federal Indian Law

Author: David Getches,Charles Wilkinson,Kristen Carpenter,Robert Williams,Matthew Fletcher

Publisher: West Academic Publishing

ISBN: 9781634599061

Category:

Page: 1179

View: 8522

This federal Indian law casebook has an unprecedented focus on Native Nation-building, including cutting-edge materials on tribal economies and tribal justice systems unavailable elsewhere. The Seventh Edition retains classic material on the history of federal Indian law and policy, including the medieval origins of the "Doctrine of Discovery," and the shifting eras of Indian law leading to the current Nation-building era. The book covers the federal tribal relationship; tribal sovereignty and jurisdiction; Indian religion and culture; water rights; treaty rights; rights of Alaska natives and native Hawaiians; and international legal perspectives.

The Legal Ideology of Removal

The Southern Judiciary and the Sovereignty of Native American Nations

Author: Tim Alan Garrison

Publisher: University of Georgia Press

ISBN: 0820326410

Category: Law

Page: 336

View: 6413

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.

Navajo Courts and Navajo Common Law

A Tradition of Tribal Self-governance

Author: Raymond Darrel Austin

Publisher: U of Minnesota Press

ISBN: 0816665354

Category: Social Science

Page: 268

View: 2981

The Navajo Nation court system is the largest and most established tribal legal system in the world. Since the landmark 1959 U.S. Supreme Court decision in Williams v. Lee that affirmed tribal court authority over reservation-based claims, the Navajo Nation has been at the vanguard of a far-reaching, transformative jurisprudential movement among Indian tribes in North America and indigenous peoples around the world to retrieve and use traditional values to address contemporary legal issues. A justice on the Navajo Nation Supreme Court for sixteen years, Justice Raymond D. Austin has been deeply involved in the movement to develop tribal courts and tribal law as effective means of modern self-government. He has written foundational opinions that have established Navajo common law and, throughout his legal career, has recognized the benefit of tribal customs and traditions as tools of restorative justice. In Navajo Courts and Navajo Common Law, Justice Austin considers the history and implications of how the Navajo Nation courts apply foundational Navajo doctrines to modern legal issues. He explains key Navajo foundational concepts like Hózhó (harmony), K'é (peacefulness and solidarity), and K'éí (kinship) both within the Navajo cultural context and, using the case method of legal analysis, as they are adapted and applied by Navajo judges in virtually every important area of legal life in the tribe. In addition to detailed case studies, Justice Austin provides a broad view of tribal law, documenting the development of tribal courts as important institutions of indigenous self-governance and outlining how other indigenous peoples, both in North America and elsewhere around the world, can draw on traditional precepts to achieve self-determination and self-government, solve community problems, and control their own futures.

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: 1355

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.

On Being Here to Stay

Treaties and Aboriginal Rights in Canada

Author: Michael Asch

Publisher: University of Toronto Press

ISBN: 1442669845

Category: Social Science

Page: 232

View: 2417

What, other than numbers and power, justifies Canada’s assertion of sovereignty and jurisdiction over the country’s vast territory? Why should Canada’s original inhabitants have to ask for rights to what was their land when non-Aboriginal people first arrived? The question lurks behind every court judgment on Indigenous rights, every demand that treaty obligations be fulfilled, and every land-claims negotiation. Addressing these questions has occupied anthropologist Michael Asch for nearly thirty years. In On Being Here to Stay, Asch retells the story of Canada with a focus on the relationship between First Nations and settlers. Asch proposes a way forward based on respecting the “spirit and intent” of treaties negotiated at the time of Confederation, through which, he argues, First Nations and settlers can establish an ethical way for both communities to be here to stay.

Agamben and Colonialism

Author: Marcelo Svirsky

Publisher: Edinburgh University Press

ISBN: 0748649263

Category: Philosophy

Page: 304

View: 8897

This collection of essays evaluates Agamben's work from a postcolonial perspective. Svirsky and Bignall assemble leading figures to explore the rich philosophical linkages and the political concerns shared by Agamben and postcolonial theory.

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: 1103

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.

Minority Nations in the Age of Uncertainty

New Paths to National Emancipation and Empowerment

Author: Alain-G. Gagnon

Publisher: University of Toronto Press

ISBN: 1442621265

Category: Political Science

Page: 176

View: 2112

For thirty years, Alain-G. Gagnon has been one of the world’s leading experts on federalism and multinational democracies. In Minority Nations in the Age of Uncertainty, he presents an articulate and accessible introduction to the ways in which minority nations have begun to empower themselves in a global environment that is increasingly hostile to national minorities. Comparing conditions in Quebec, Catalonia, and Scotland, Gagnon offers six interrelated essays on national minorities, processes of accommodation, and autonomy and self-determination within a modern democratic context. Based on a long career of scholarly study and public engagement, he argues that self-determination for these “nations without states” is best achieved through intercultural engagement and negotiation within the federal system, rather than through independence movements. Already translated into fifteen languages from the original French, Minority Nations in the Age of Uncertainty is an essential text on the theory of multinational federalism and the politics of minority nations.This edition also features a foreword by noted political scientist and philosopher James Tully that discusses the significance of Gagnon's work.

Indigenous Difference and the Constitution of Canada

Author: Patrick Macklem

Publisher: University of Toronto Press

ISBN: 9780802080493

Category: Law

Page: 334

View: 6551

There is a unique constitutional relationship between Aboriginal people and the Canadian state - a relationship that does not exist between other Canadians and the state. It's from this central premise that Patrick Macklem builds his argument in this outstanding and significant work. Why does this special relationship exist? What does it entail in terms of Canadian constitutional order? There are, Macklem argues, four complex social facts that lie at the heart of the relationship. First, Aboriginal people belong to distinctive cultures that were and continue to be threatened by non-Aboriginal beliefs, philosophies, and ways of life. Second, prior to European contact, Aboriginal people lived in and occupied North America. Third, prior to European contact, Aboriginal people not only occupied North America; they exercised sovereign authority over persons and territory. Fourth, Aboriginal people participated in and continue to participate in a treaty process with the Crown. Together, these four social conditions are exclusive to the Aboriginal people of North America and constitute what Macklem refers to as indigenous difference. Exploring the constitutional significance of indigenous difference in light of the challenges it poses to the ideal of equal citizenship, Macklem engages an interdisciplinary methodology that treats constitutional law as an enterprise that actively distributes power, primarily in the form of rights and jurisdiction, among a variety of legal actors, including individuals, groups, institutions, and governments. On this account, constitutional law refers to an ongoing project of aspiring to distributive justice, disciplined but not determined by text, structure, or precedent. Far from threatening equality, constitutional protection of indigenous difference promotes equal and therefore just distributions of constitutional power. The book details constitutional rights to Aboriginal people that protect interests associated with culture, territory, sovereignty, and the treaty process, and explores the circumstances in which these rights can be interfered with by the Canadian state. It also examines the relation between these rights and the Canadian Charter of Rights and Feedoms, and proposes extensive reform of existing treaty processes in order to protect and promote their exercise. Macklem's book offers a challenge to traditional understandings of the constitutional status of indigenous peoples, relevant not only to Canadian debates but also to those in other parts of the world where indigenous peoples are asserting greater autonomy over their collective futures.