Abstract
The Algebra of Federal Indian Law: suggests that legal discourse inherited from a European perspective has helped to justify colonialism and perpetrate the ongoing subordination of Indian tribes. Because the common law was inherited from a system that treated non-Christian, non-White, indigenous peoples as inferior, judicial treatment of Indians can never reconcile competing worldviews. Instead, Williams argues for a rejection of European legal norms and the creation of an ‘Americanized’ approach to Indian law that reconsiders the origins of the power dynamic between Indian and European peoples to synthesize a new worldview.
Original language | English (US) |
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Title of host publication | Reading American Indian Law |
Subtitle of host publication | Foundational Principles |
Publisher | Cambridge University Press |
Pages | 47-71 |
Number of pages | 25 |
ISBN (Electronic) | 9781108770804 |
ISBN (Print) | 9781108488532 |
DOIs | |
State | Published - Jan 1 2019 |
Keywords
- Autochthonous
- Colonialism
- Discovery
- Marshall trilogy
- Oliphant
ASJC Scopus subject areas
- General Social Sciences