The American Indian in Western Legal Thought: The Discourses of Conquest [Paperback]

Robert A. Williams Jr. (Author)

Book Description

Publication Date: November 26, 1992 | ISBN-10: 0195080025 | ISBN-13: 978-0195080025

Exploring the history of contemporary legal thought on the rights and status of the West's colonized indigenous tribal peoples, Williams here traces the development of the themes that justified and impelled Spanish, English, and American conquests of the New World.

Editorial Reviews

Review

"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in....A stunning revelation....Rarely has the reviewer seen such a thorough examination of such a diverse body of historical documents as Williams offers in support of the development of his analysis."--Texas Law Review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

About the Author

Robert A. Williams is at University of Arizona College of Law.

Product Details

• Paperback: 368 pages
• Publisher: Oxford University Press, USA (November 26, 1992)
• Language: English
• ISBN-10: 0195080025
• ISBN-13: 978-0195080025
• Product Dimensions: 9.3 x 6.2 x 1 inches
• Shipping Weight: 1.2 pounds (View shipping rates and policies)
• Average Customer Review: 3.7 out of 5 stars  See all reviews (3 customer reviews)
• Amazon Best Sellers Rank: #786,924 in Books (See Top 100 in Books)

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Customer Reviews

Most Helpful Customer Reviews

7 of 8 people found the following review helpful:

5.0 out of 5 stars An extraordinary treatment of law affecting native peoples, October 5, 2002

By 

Lewis Hanke (San Cristobal de Las Casas, Mexico) - See all my reviews

This review is from: The American Indian in Western Legal Thought: The Discourses of Conquest (Paperback)

Having studied, taught and practiced Federal Indian law for nearly twenty years, I believe that this is the finest examination of the historical roots of legal colonialism in the Americas yet written. Williams is masterful in his research and examination of the Christian, European foundations for the invasion of the Western Hemisphere. Although I disagree with Williams' conclusions about the writings of Franciscus de Victoria, his discussion of the Elizabethan colonization of Ireland and, through extension of the same legal doctrines, native North America, is excellent.

1 of 3 people found the following review helpful:

5.0 out of 5 stars Required for native/history majors and everyone else in N.A., July 10, 1999

By A Customer

This review is from: The American Indian in Western Legal Thought: The Discourses of Conquest (Paperback)

This book is a methodically brings the legal thought of the western world into context of how it relates to the American Indian, a necessary background to the subject. This is done by reviewing medival and reform period of history, the seperation of church and state and land laws, and followed up by the occupation of North America. How this subjecation came to be and how laws not used equally facilitated the holocast in North America. I am glad i read it and have considered doing a second MA at the institution Robert A Williams teaches and have bought his second book and look forward to reading it AFTER i reread the american indian in western legal thought (ps keep a dictionary handy).

3 of 8 people found the following review helpful:

1.0 out of 5 stars Poor synthesis of secondary sources..., July 29, 2007

By 

inthesouthwest "inthesouthwest" (Albuquerque, NM United States) - See all my reviews

This review is from: The American Indian in Western Legal Thought: The Discourses of Conquest (Paperback)

The biggest problem I had with this book is the author's constant reliance on secondary sources. Not only that, many of these sources are out of date such as Morison's Admiral of the Ocean Sea. Numerous primary sources from the colonial era were available at the time of this publication--some in easily accessible works. The author also does a poor job of providing context to his discusions and continuosly makes basic errors. For instance, Ferdinand of Aragon didn't rule Spain on his own after Isabella's death, Philip the Fair shortly did. After Philip's death, Ferdinand ruled on behalf of Juana La Loca as regent not as king. The author also refers to the kingdom of Spain. There was no such thing in Ferdinand's lifetime: Spain was a geographic region consisting of the kingdoms of Castile, Aragon, and Navarre. Arguably, these kingdoms were united under Charles V, but they retained separate laws and separate identies. Even so, the author gets this wrong most of the time.

Another problem is the author's reliance on the work of Lewis Hanke. Yet, in doing this, he misses the point of most of that historian's work. The author discusses the Laws of Burgos and the Requirimiento as if this was the alpha and omega of Spanish law in the New World. The Recopilacion, which contained laws that superceded nearly everything in the Laws of Burgos, is not discussed at all. This type of research might be acceptable in law schools, but, to a historian, this will come across as a deliberate omission and fabrication in the line of Ward Churchill. The author's discussion on Vitoria also lacks context and merely cites the same quotes that Hanke used over and over again. The author's discusion, conclusions, and distortions are clealy slanted on this point as well. Lastly, the tone of this book seeps with anti-European sentiment to the point that the reader will quickly realize that the book isn't about scholarship but passing judgment on the European countries that colonized the New World.