Braid of Feathers: American Indian Law and Contemporary Tribal Life [Hardcover]

Frank Pommersheim (Author)

Book Description

Publication Date: April 1995

In this text, Frank Pommersheim, who lived and worked on the Rosebud Sioux Indian Reservation for ten years, challenges the dominant legal history of American Indians and their tribes - a history that concedes far too much power to the laws and courts of the "conqueror". Writing from the perspective of the reservation and contemporary Indian life, Pommersheim makes an urgent call for the advancement of tribal sovereignty and of tribal court systems that are based on Indian culture and values. Taking as its starting point the cultural, spiritual and physical nature of the reservation, the book goes on to trace the development of Indian law from the 1770s to the present. Pommersheim considers the meaning of justice from the indigenous point of view. He offers a trenchant analysis of the tribal courts, stressing the importance of language, narrative and story. He concludes by offering a "geography of hope", one that lies in the West, where Native Americans control a significant amount of natural resources, and where a new ethic of development and preservation is emerging within the dominant society. Pommersheim challenges both Indians and non-Indians to forge an alliance at the local level based on respect and reciprocity - to create solidarity, not undo difference.

Editorial Reviews

From the Inside Flap

"Pommersheim's book captures the unique evolution of tribal court jurisprudence and the continuing challenge facing tribal courts to meet the demands of the communities they serve. . . . A must read."--Senator Ben Nighthorse Campbell, Colorado

"Braid of Feathers bursts with insights and rich evocations of the contemporary rebirth of American Indian cultures and practices. Written from the inside of tribal worlds, this book simultaneously affords a powerful vision of American pluralism. Useful analysis of timely topics, such as economic development initiatives using gambling enterprises, undergirds this important contribution to American Indian law and American studies."--Martha L. Minow, Professor, Harvard Law School

"A fresh approach by a thoroughly practical and experienced attorney/professor who understands the complexity of law as it is applied to living societies. Pommersheim deals easily with complex theories and doctrines because he has the good common sense to know that law must be worked out in Indian communities to promote a sense of order and, if possible, a modicum of justice. This volume will stimulate readers to move beyond abstractions and seek realistic solutions to perennial problems."--Vine Deloria, Jr., University of Colorado at Boulder --This text refers to the Paperback edition.

From the Back Cover

"Pommersheim's book captures the unique evolution of tribal court jurisprudence and the continuing challenge facing tribal courts to meet the demands of the communities they serve. . . . A must read." (Senator Ben Nighthorse Campbell, Colorado)

See all Editorial Reviews

Product Details

• Hardcover: 285 pages
• Publisher: Univ of California Pr (April 1995)
• Language: English
• ISBN-10: 0520088573
• ISBN-13: 978-0520088573
• Product Dimensions: 9.3 x 6.2 x 1.3 inches
• Shipping Weight: 1.4 pounds
• Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #2,693,681 in Books (See Top 100 in Books)

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Customer Reviews

Most Helpful Customer Reviews

15 of 16 people found the following review helpful:

5.0 out of 5 stars Review of Braid of Feathers, August 1, 2000

By 

Allen C. Turner (Redlands, CA USA) - See all my reviews

This review is from: Braid of Feathers: American Indian Law and Contemporary Tribal Life (Paperback)

I like thin books with thick subject matter. I also like book titles that herald the contents. This book does both. In an essay of 200 pages, Frank Pommersheim, a Lakota tribal judge, artfully braids together the variegated feathers of tribal sovereignty. Experience, Culture, History, Language, Politics, and Law, not just Acts of Congress (treaties, statutes), decisions of the United States Supreme Court, and executive action (orders and regulations) shape, limit, and ultimately enhance or diminish tribal sovereignty. The author, sometimes poetically, sometimes polemically, but always pointedly argues that tribal courts are the fundamental institution of legitimate, authentic tribal self-determination.