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Does American Indian law reflect Indian values? A study on native American identity

[journal article]

Vlad, Monica

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Abstract This study explores the legal history of the Indian civilizations of North America. It focuses on the unusual link between the jurisprudence of the United States Supreme Court and the extermination politics practiced by the federal government. Strange enough, these have been some of the limits of the most admired democracy of the world. The analysis explains the racist solution imposed by Justice Marshall, whose legal genius created the concept of "guardship" against the Native Americans. Different periods of time, concentrated in their respective "legal solution" have resulted in the disappearance of most of the North American Indian civilizations. One is surprised to notice the eurocentric vision imposed on these cultures, whose concepts are so very different from ours. Notions like "tribe", "savages", "state of pupilage" speak for themselves in order to demonstrate the arguments used for the destruction of a fascinating world and for the justification of the colonization process of the Americas.
Keywords American Indian; sovereignty; colonization; justice; law; historical development; North America; racism; cultural identity
Classification Ethnology, Cultural Anthropology, Ethnosociology
Document language English
Publication Year 2009
Page/Pages p. 709-748
Journal Studia Politica : Romanian Political Science Review, 9 (2009) 4
ISSN 1582-4551
Status Published Version; peer reviewed
Licence Creative Commons - Attribution-Noncommercial-No Derivative Works