Fire and the Spirits: Cherokee Law from Clan to Court

Forside
University of Oklahoma Press, 1. sep. 1982 - 282 sider
Volume 133 in The Civilization of the Americas Series This book traces the emergency of the Cherokee system of laws from the ancient spirit decrees to the fusion of tribal law ways with Anglo-American law. The Cherokees enacted their first written law in 1808 in Georgia. In succeeding years the leaders and tribal councils of the southeastern and Oklahoma groups wrote a constitution, established courts, and enacted laws that were in accord with the old tribal values but reflected and accommodated to the whites' legal system. Thanks to the great gift of Sequoyah-his syllabary-the Cherokees were well versed in their laws, able to read and interpret them from a very early time. The system served the people well. It endured until 1898, when the federal government abolished the tribal government. The author provides a brief review of Cherokee history and explains the circumstances surrounding the stages of development of the legal system. Excerpts from editorials in the Cherokee Phoenix and the Cherokee Advocate, letters, and tribal documents give added insight into the problems the Cherokees faced and their efforts to resolve them. Of particular interest is a series of charts explaining the complex Cherokee spirit system of crimes (or "deviations") and the punishments meted out for them. A legal historian of Osage and Cherokee heritage, Rennard Strickland is considered a pioneer in introducing Indian law into university curriculum. He has written and edited more than 35 books and is frequently cited by courts and scholars for his work as revision editor in chief of the Handbook of Federal Indian Law. Strickland has been involved in the resolution of a number of significant Indian cases. He was the founding director of the Center for the Study of American Indian Law and Policy at the University of Oklahoma. He is the first person to have served both as president of the Association of American Law Schools and as chair of the Law School Admissions Council. He is also the only person to have received both the Society of American Law Teachers (SALT) Award and the American Bar Association's Spirit of Excellence Award. Strickland was the dean of the law school from 1997 to 2002.
 

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Innhold

People of the Fire
3
Traditional Law Ways and the Spirit World
10
Changing Cherokee Conditions
40
Stages in Development
53
Tribal Goals and Values in Cherokee Law
73
Corpus of the Cherokee Written Laws
103
Cherokee Courts in Operation
120
Cherokee Supreme Courts Apply Their Law 18671898
158
Survival of Traditional Cherokee Ways
183
Appendices
203
Chronology 15401907
205
Summary of Early Laws of the Cherokees 18081829
211
Cherokee Constitution
227
Jefferson to the Cherokee Deputies January 9 1809
237
Bibliography
239
Index 255
241

A Case Study of Tribal Change
168
The End of Cherokee Law
175

Vanlige uttrykk og setninger

Om forfatteren (1982)

A legal historian of Osage and Cherokee heritage, Rennard Strickland is considered a pioneer in introducing Indian law into university curriculum. He has written and edited more than 35 books and is frequently cited by courts and scholars for his work as revision editor in chief of the Handbook of Federal Indian Law. Strickland has been involved in the resolution of a number of significant Indian cases. He was the founding director of the Center for the Study of American Indian Law and Policy at the University of Oklahoma. He is the first person to have served both as president of the Association of American Law Schools and as chair of the Law School Admissions Council. He is also the only person to have received both the Society of American Law Teachers (SALT) Award and the American Bar Association's Spirit of Excellence Award. Strickland was the dean of the law school from 1997 to 2002.

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