The American Indian in Western Legal Thought : The Discourses of Conquest - Robert A. Williams

The American Indian in Western Legal Thought

The Discourses of Conquest

By: Robert A. Williams

Paperback | 1 July 1992

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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 'heathens' and 'infidels', 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 'savage' and 'barbarian' 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.
Industry Reviews
"An important book because it identifies and explains the intellectual foundations that continue to make it possible to justify keeping the Indians on the outside looking in....A stunning revelation....Rarely has the reviewer seen such a thorough examination of such a diverse body of historical documents as Williams offers in support of the development of his analysis."--Texas Law Review "The best and most comprehensive treatment of the legal context in which the American Indian is enmeshed."--American Anthropologist "Extraordinarily insightful....The scope of the book is sweeping."--Reconstruction "A highly readable, thought-provoking work that provides an excellent overview of the issues and major historical arguments in this field. It is definitely a must read for anyone interested in this subject."--Michigan Law Review "A sophisticated analysis of Western legal thought and its application to native peoples of the Americas from 1500 to 1800....Persons interested in understanding European intellectual trends and their application to non-Western cultures cannot afford to overlook this book. It is comprehensive, based on methodical textual analysis, and judiciously argued without being a mere diatribe against nameless villians."--American Indian Quarterly "An important book because it identifies and explains the intellectual foundations that continue to make it possible to justify keeping the Indians on the outside looking in....A stunning revelation....Rarely has the reviewer seen such a thorough examination of such a diverse body of historical documents as Williams offers in support of the development of his analysis."--Texas Law Review "The best and most comprehensive treatment of the legal context in which the American Indian is enmeshed."--American Anthropologist "Extraordinarily insightful....The scope of the book is sweeping."--Reconstruction "A highly readable, thought-provoking work that provides an excellent overview of the issues and major historical arguments in this field. It is definitely a must read for anyone interested in this subject."--Michigan Law Review "A sophisticated analysis of Western legal thought and its application to native peoples of the Americas from 1500 to 1800....Persons interested in understanding European intellectual trends and their application to non-Western cultures cannot afford to overlook this book. It is comprehensive, based on methodical textual analysis, and judiciously argued without being a mere diatribe against nameless villians."--American Indian Quarterly "Williams' book is surprising for its depth, for its rich investigation of original sources, and for its scope. Williams teaches us how and why these policies arose, how they were canted at the outset, and the bias that still exists in court decisions and laws affected by them. His work will be valuable to lawyers, law scholars, and historians."--Ralph A. Johnson, University of Washington "Can be recommended as providing a good overview of the jurisprudential status of the United States Indian tribes."--The Cambridge Law Journal "A singular and important work. It is an historical analysis of public rhetoric (political, legal, theological rhetoric) that equips the reader to grasp the ancient roots as well as the contemporary moment of American conquest policy and practice. Its immediate aim is understanding of the relationship between Western culture and Native Americans. It will be found generally and helpfully illuminating."--Milner S. Ball, University of Georgia "Original and very impressive. The first really comprehensive treatment of this theme. We have too many books that describe the status of Indians and hardly any which give a good analysis of how things came to be the way they are. This book will make a profound impact on how lawyers and judges understand the long historical trail which leads to the present. There is no question but this is a vital and important study which can have lasting importance in federal Indian law."--Vine Deloria, Jr., University of Arizona "A great book!"--Charles Cambridge, University of Colorado at Boulder

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