American Indian in Western Legal Thought The Discourses of Conquest

ISBN-10: 0195080025

ISBN-13: 9780195080025

Edition: 1990

Authors: Robert A. Williams

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Description:

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.
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Book details

List price: $59.00
Copyright year: 1990
Publisher: Oxford University Press, Incorporated
Publication date: 11/26/1992
Binding: Paperback
Pages: 368
Size: 6.25" wide x 9.25" long x 0.75" tall
Weight: 1.188
Language: English

Introduction
The Medieval and Renaissance Origins of the Status of the American Indian in Western Legal Thought
The Medieval Discourse of Crusade
Truth: Papal Discourse
The Church Universal
Reform Discourse
Civilian Discourse
Power: Crusading Discourse
Holy War
Urban's Spanish Crusade
The First Call to Crusade
The Instruments of Crusade
Knowledge: Humanist Discourse
Secular Humanism
Innocent's Synthesis
The Perfect Instrument of Empire: The Colonizing Discourse of Renaissance Spain
The Lithuanian Controversy
The Intra-European Crusade of the Teutonic Knights
The Constance Debates on the Rights of Infidels
The Iberian Crusades in Africa
The Portuguese Appeal to Conquer and Convert the Canary Islands
The Papal Response: Romanus Pontifex
The Spanish Bulls
The New World's First Entrepreneurs
The Discovery Era's First Contract for the Conquest of the New World
Instruments of Empire
Governor Columbus
The Encomienda
The Dominicans in the New World
The Laws of Burgos
The Requerimiento
Victoria's "On the Indians Lately Discovered"
The Inquisitions into Indian Capacity
Franciscus de Victoria
Victoria's Lecture
A Guardianship over the Indians
Protestant Discourses
The Protestant Translation of Medieval and Renaissance Discourses on the Rights and Status of American Indians
The English Reformation
The Reformation's Transformation of English Society
A Prefatory Colonizing Discourse
The Elizabethan Restoration
Laissez-Faire Discourse
Perfecting Colonizing Praxis: The Merchants' Foray
Elizabethan Colonialism: Elizabeth's Irish Wars
The Elizabethan Wars for America
The First Protestant Crusade to America
Sir Humphrey Gilbert: Elizabethan Terrorist
The Early Colonizing Efforts of Sir Humphrey Gilbert
Early New World Colonizing Discourses
The New World Crusade of Sir Humphrey Gilbert
Appropriated Discourses
Cantabrigian Calvinism
Peckham's "True Reporte"
The Black Legend of Spanish "Cruelties" in the New World
The Second Elizabethan Crusade to America
Sir Walter Raleigh: The First Great Puritan Hero
The Virginia Venture of Sir Walter Raleigh
The English Conquest of Virginia
The Bridge Builders Between the Medieval and the Enlightenment Visions of the American Indian in Western Legal Thought
Alberico Gentili's Oxonian Discourse
Sir Edward Coke and the English Common Law Presumption of the King's Right to Wage War Against Infidels
The Invasion of America
The Virginia Company's Tactics and Strategy
The Jamestown Venture
The War for America
A Discourse of Conquest
The Norman Yoke: The American Indian and the Settling of United States Colonizing Legal Theory
The Norman Yoke
Discourses of Containment: The Old Northwest and the Proclamation of 1763
An Indian Reserve on the Frontier
The Proclamation of 1763
The Imperial Plan of 1764
Discourses of Resistance
The Crown and the Colonists' Competing Discourses on and Claims to the Indian Frontier
Locke's Theory and the Indians' "Wastelands"
Locke's Theory Applied: The Colonial Radicals' Praxis on the Indian Frontier
The Norman Yoke Applied to America
The American By-products of the Norman Yoke
Benjamin Franklin: Syndicalist
The "Suffering" Traders
The Vandalia Colony
Thomas Jefferson: Revolutionary
Discursive Chaos on the Frontiers of American Colonizing Discourse
Chaos in the Continental Congress
Camden-Yorke
The Colonists' War for America
The Patriots' Discourses
The Players and the Play
The "Plain Facts" of the "Public Good"
The Norman Yoke Revived to Decide the Rights and Status of American Indian Tribes
Johnson v. McIntosh and United States Colonizing Legal Theory
Fletcher v. Peck: A Dangerous Contest Compromised
Daniel Webster for the Plaintiff
Defendant McIntosh's Rebuttal
Chief Justice Marshall's Discourse of Conquest
Conclusion
Bibliography
Index
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