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Arguing with Tradition : The Language of Law in Hopi Tribal Court - Justin B. Richland

Arguing with Tradition

The Language of Law in Hopi Tribal Court

Paperback

Published: 1st May 2008
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Arguing with Tradition is the first book to explore language and interaction within a contemporary Native American legal system. Grounded in Justin Richland's extensive field research on the Hopi Indian Nation of northeastern Arizona--on whose appellate court he now serves as Justice Pro Tempore--this innovative work explains how Hopi notions of tradition and culture shape and are shaped by the processes of Hopi jurisprudence.
Like many indigenous legal institutions across North America, the Hopi Tribal Court was created in the image of Anglo-American-style law. But Richland shows that in recent years, Hopi jurists and litigants have called for their courts to develop a jurisprudence that better reflects Hopi culture and traditions. Providing unprecedented insights into the Hopi and English courtroom interactions through which this conflict plays out, Richland argues that tensions between the language of Anglo-style law and Hopi tradition both drive Hopi jurisprudence and make it unique. Ultimately, Richland's analyses of the language of Hopi law offer a fresh approach to the cultural politics that influence indigenous legal and governmental practices worldwide.

"I could not be more enthusiastic about this book. Richland has provided one of the very few extended considerations of courtroom talk in a language other than English - to very good effect. He makes an argument that makes a real difference, and does so with insight, clarity, imagination, and rigor." - Donald Brenneis, University of California, Santa Cruz"

List of Illustrationsp. ix
Acknowledgmentsp. xi
Introduction: Arguing with Tradition in Native Americap. 1
The Ironies of Indigeneityp. 1
Native American Tribal Law and Traditionp. 3
"Anglo" Law in Indian Country: Courts of Indian Offensesp. 8
Tribal Courts Today: At the Edge of Tribal Sovereigntyp. 12
The Dearth of Ethnographies of Tribal Courtsp. 17
The Approach and Aims of This Studyp. 22
An Outline of This Studyp. 23
Making a Hopi Nation: "Anglo" Law Comes to Hopi Countryp. 27
Hopi Tribal Governancep. 32
Hopi Village Organization and Governancep. 34
Court Comes to Hopi Countryp. 37
The Hopi Tribal Court Todayp. 41
Data and Methodologies: Talking Tradition in Hopi Property Disputesp. 52
"What are you going to do with the village's knowledge?" Language Ideologies and Legal Power in Hopi Tribal Courtp. 59
Legal Discourse Analysis and Legal Powerp. 61
Language Ideologies, Metadiscourse, and Metapragmaticsp. 64
Talking Tradition, Talking Law in Hopi Courtroom Interactionsp. 66
The Language Ideologies of Anglo-American Law versus Hopi Traditional Authorityp. 79
Conclusionp. 86
"He could not speak Hopi.... That puzzle- puzzled me": The Pragmatic Paradoxes of Hopi Tradition in Courtp. 89
Paradox in the Pragmatics of Language and Lawp. 92
Discourses of Cultural Difference in Hopi Courtp. 97
Iterations of Indigeneity in a Hopi Court Hearingp. 100
Conclusionp. 112
Suffering into Truth: Hopi Law as Narrative Interactionp. 115
Legal Narrativity in and out of Courtp. 116
A Model of Hopi Law as Narrative Interactionp. 120
The Significance of Settings: Judicial Openings of Hopi Courtroom Narrativep. 122
The Contested Narrativity of a Hopi Property Proceedingp. 128
Conclusionp. 142
Conclusion: Arguments with Traditionp. 147
Tradition, Culture, and the Politics of Authenticityp. 150
The "Politics" of Multiculturalism and Native Culturep. 154
Arguing with Traditionp. 157
Notesp. 163
Referencesp. 169
Indexp. 179
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780226712956
ISBN-10: 0226712958
Series: Chicago Series in Law and Society
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 176
Published: 1st May 2008
Publisher: The University of Chicago Press
Country of Publication: US
Dimensions (cm): 23.0 x 16.5  x 1.27
Weight (kg): 0.28