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6 - Tribal Laws

The Embodiment of the Third Way

Published online by Cambridge University Press:  16 July 2020

Hillary M. Hoffmann
Affiliation:
Vermont Law School
Monte Mills
Affiliation:
University of Montana School of Law
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Summary

In his seminal 2005 book Blood Struggle: The Rise of Modern Indian Nations, Indian law scholar and prolific tribal advocate Charles Wilkinson profiled the remarkable rebirth of tribal sovereignty and political influence in the decades after the dark 1950s termination era. In conjunction with this renaissance, Wilkinson identified the “great irony of the twentieth century … that contemporaneously with the rise of Indian entrepreneurship in general and gaming in particular, Indian people experienced a resurgence in traditionalism.” The rise of tribal governments and the recognition of their sovereign authority (internally and externally) “released a surge of cultural pride,” and energized tribal legal, political, sovereign, and community priorities revolving around cultural identity and protection. Wilkinson explained this connection between culture and sovereign responsibility: “Indian people … have their private ways, but there is also a more formal governmental aspect to the cultural revival, tasks that go with the obligations of sovereignty.”

Type
Chapter
Information
A Third Way
Decolonizing the Laws of Indigenous Cultural Protection
, pp. 94 - 112
Publisher: Cambridge University Press
Print publication year: 2020

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