Of Native Americans and Tribal Members: The Impact of Law on Indian Group Life

Law has influenced the shape of Indian group life by providing economic or political incentives for groups to organize along particular lines, by forcing groups into closer proximity with one another or separating them, and by creating an official vocabulary for the discussion of group life. The mos...

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Bibliographic Details
Published in:Law & society review 1994-01, Vol.28 (5), p.1123-1148
Main Author: Goldberg-Ambrose, Carole
Format: Article
Language:English
Subjects:
America
American Indians
Criminals
Cultural Identity
Decisions
Ethnic Identity
Ethnology
Factors
Federal law
Government
Identity
Indians
Indigenous Populations
Indigenous rights
Jurisdiction
Law
Legal entities
Legal status, laws, etc
Legal System
Native Americans
Native races
North American Indian people
North Amerindians
Political identity
Political mobilization
Social identity
Social organization, political organization and power, relations with the State
Social structure and social relations
Sovereignty
Supreme court
Treaty lands
Tribal governments
Tribal sovereignty
Tribalism
Tribes
Tribes and tribal system
U.S.A
United States
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Summary:Law has influenced the shape of Indian group life by providing economic or political incentives for groups to organize along particular lines, by forcing groups into closer proximity with one another or separating them, and by creating an official vocabulary for the discussion of group life. The most striking effect of law has been to focus the expression of Indian political identity at the level of the "tribe." Although largely a construct of non-Indian legal forces, the tribe has become a powerful vehicle for assertions of Indian autonomy, even when it has not always been the traditional locus of political legitimacy. Modern Indian identity and community thus reflect conflicts over and distinctive ways of appropriating the institution of the tribe. A second effect of law has been the developing support among tribal members for a supratribal Native American political community. Significantly, however, most tribal members view their support for such a community as a means of strengthening tribal units.
ISSN:0023-9216
1540-5893
DOI:10.2307/3054025