The Algebra of Federal Indian Law: The Hard Trail of Decolonizing and Americanizing the White Man’s Jurisprudence

Research output: Chapter in Book/Report/Conference proceedingChapter

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 languageEnglish (US)
Title of host publicationReading American Indian Law
Subtitle of host publicationFoundational Principles
PublisherCambridge University Press
Pages47-71
Number of pages25
ISBN (Electronic)9781108770804
ISBN (Print)9781108488532
DOIs
StatePublished - Jan 1 2019

Keywords

  • Autochthonous
  • Colonialism
  • Discovery
  • Marshall trilogy
  • Oliphant

ASJC Scopus subject areas

  • Social Sciences(all)

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