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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

Paperback Published: 26th November 1992
ISBN: 9780195080025
Number Of Pages: 368

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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.

"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in....A stunning revelation....Rarely has the reviewer seen such a thorough examination of such a diverse body of historical documents as Williams offers in support of the development of his analysis."--Texas Law Review "The best and most comprehensive treatment of the legal context in which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

Introductionp. 3
The Medieval and Renaissance Origins of the Status of the American Indian in Western Legal Thought
The Medieval Discourse of Crusadep. 13
Truth: Papal Discoursep. 15
The Church Universalp. 15
Reform Discoursep. 18
Civilian Discoursep. 26
Power: Crusading Discoursep. 29
Holy Warp. 29
Urban's Spanish Crusadep. 32
The First Call to Crusadep. 34
The Instruments of Crusadep. 37
Knowledge: Humanist Discoursep. 41
Secular Humanismp. 42
Innocent's Synthesisp. 43
The Perfect Instrument of Empire: The Colonizing Discourse of Renaissance Spainp. 59
The Lithuanian Controversyp. 59
The Intra-European Crusade of the Teutonic Knightsp. 60
The Constance Debates on the Rights of Infidelsp. 62
The Iberian Crusades in Africap. 67
The Portuguese Appeal to Conquer and Convert the Canary Islandsp. 67
The Papal Response: Romanus Pontifexp. 71
The Spanish Bullsp. 74
The New World's First Entrepreneursp. 74
The Discovery Era's First Contract for the Conquest of the New Worldp. 78
Instruments of Empirep. 81
Governor Columbusp. 81
The Encomiendap. 83
The Dominicans in the New Worldp. 85
The Laws of Burgosp. 86
The Requerimientop. 88
Victoria's "On the Indians Lately Discovered"p. 93
The Inquisitions into Indian Capacityp. 93
Franciscus de Victoriap. 96
Victoria's Lecturep. 97
A Guardianship over the Indiansp. 103
Protestant Discourses
The Protestant Translation of Medieval and Renaissance Discourses on the Rights and Status of American Indiansp. 121
The English Reformationp. 122
The Reformation's Transformation of English Societyp. 122
A Prefatory Colonizing Discoursep. 126
The Elizabethan Restorationp. 131
Laissez-Faire Discoursep. 132
Perfecting Colonizing Praxis: The Merchants' Forayp. 134
Elizabethan Colonialism: Elizabeth's Irish Warsp. 136
The Elizabethan Wars for Americap. 151
The First Protestant Crusade to Americap. 151
Sir Humphrey Gilbert: Elizabethan Terroristp. 151
The Early Colonizing Efforts of Sir Humphrey Gilbertp. 157
Early New World Colonizing Discoursesp. 160
The New World Crusade of Sir Humphrey Gilbertp. 162
Appropriated Discoursesp. 163
Cantabrigian Calvinismp. 163
Peckham's "True Reporte"p. 165
The Black Legend of Spanish "Cruelties" in the New Worldp. 173
The Second Elizabethan Crusade to Americap. 174
Sir Walter Raleigh: The First Great Puritan Herop. 174
The Virginia Venture of Sir Walter Raleighp. 177
The English Conquest of Virginiap. 193
The Bridge Builders Between the Medieval and the Enlightenment Visions of the American Indian in Western Legal Thoughtp. 194
Alberico Gentili's Oxonian Discoursep. 194
Sir Edward Coke and the English Common Law Presumption of the King's Right to Wage War Against Infidelsp. 199
The Invasion of Americap. 201
The Virginia Company's Tactics and Strategyp. 201
The Jamestown Venturep. 205
The War for Americap. 212
A Discourse of Conquestp. 218
The Norman Yoke: The American Indian and the Settling of United States Colonizing Legal Theory
The Norman Yokep. 233
Discourses of Containment: The Old Northwest and the Proclamation of 1763p. 233
An Indian Reserve on the Frontierp. 233
The Proclamation of 1763p. 235
The Imperial Plan of 1764p. 238
Discourses of Resistancep. 241
The Crown and the Colonists' Competing Discourses on and Claims to the Indian Frontierp. 245
Locke's Theory and the Indians' "Wastelands"p. 246
Locke's Theory Applied: The Colonial Radicals' Praxis on the Indian Frontierp. 249
The Norman Yoke Applied to Americap. 251
The American By-products of the Norman Yokep. 255
Benjamin Franklin: Syndicalistp. 256
The "Suffering" Tradersp. 259
The Vandalia Colonyp. 262
Thomas Jefferson: Revolutionaryp. 265
Discursive Chaos on the Frontiers of American Colonizing Discoursep. 271
Chaos in the Continental Congressp. 271
Camden-Yorkep. 275
The Colonists' War for Americap. 287
The Patriots' Discoursesp. 288
The Players and the Playp. 289
The "Plain Facts" of the "Public Good"p. 292
The Norman Yoke Revived to Decide the Rights and Status of American Indian Tribesp. 305
Johnson v. McIntosh and United States Colonizing Legal Theoryp. 308
Fletcher v. Peck: A Dangerous Contest Compromisedp. 308
Daniel Webster for the Plaintiffp. 309
Defendant McIntosh's Rebuttalp. 310
Chief Justice Marshall's Discourse of Conquestp. 312
Conclusionp. 325
Bibliographyp. 335
Indexp. 343
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780195080025
ISBN-10: 0195080025
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 368
Published: 26th November 1992
Country of Publication: US
Dimensions (cm): 23.55 x 15.7  x 2.54
Weight (kg): 0.53