The American Indian in Western Legal Thought: The Discourses of Conquest

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Oxford University Press, 1992 M11 26 - 368 páginas
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.

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This was a very helpful overview of the whole sweep of Christian / European thinking about the rights or lack thereof of Indians. Very useful to understand the roots of the European views and the debates that unfolded on whether Indians should be natural slaves or were rational enough to be converted. One great quote from the book: "Law, which Europeans have long revered as their instrument of civilization, became the West’s perfect instrument of empire in the heart of darkness that was America." 

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Contenido

Introduction
3
The Medieval and Renaissance Origins of the Status of the American Indian in Western Legal Thought
11
Protestant Discourses
119
The Norman Yoke The American Indian and the Settling of United States Colonizing Legal Theory
227
Conclusion
325
Bibliography
335
Index
343
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Página 2 - The conquest of the earth, which mostly means the taking it away from those who have a different complexion or slightly flatter noses than ourselves, is not a pretty thing when you look into it too much.
Página 237 - America do presume for the present, and until our further Pleasure be known, to grant Warrants of Survey, or pass Patents for any Lands beyond the Heads or Sources of any of the Rivers which fall into the Atlantic Ocean from the West and North West, or upon any Lands whatever, which, not having been ceded to or purchased by Us as aforesaid, are reserved to the said Indians, or any of them.
Página 92 - But, if you do not do this, and maliciously make delay in it, I certify to you that, with the help of God, we shall powerfully enter into your country, and shall make war against you in all ways and manners that we can, and shall subject you to the yoke and obedience of the Church and of their Highnesses...
Página 29 - in the beginnings," but "in the beginning" God created the heavens and the earth. Indeed we declare, announce, and define that it is altogether necessary to salvation for every human creature to be subject to the Roman pontiff.
Página 237 - And whereas it is just and reasonable, and essential to our interest and the security of our colonies, that the several nations or tribes of Indians, with whom we are connected, and who live under our protection...
Página 238 - Settlement ; but that, if at any Time any of the said Indians should be inclined to dispose of the said Lands, the same shall be Purchased only for Us, in our Name, at some public Meeting or Assembly of the said Indians, to be held for that Purpose by the Governor or Commander in Chief of our Colony respectively within which they shall lie...
Página 313 - In the establishment of these relations, the rights of the original inhabitants were in no instance entirely disregarded, but were necessarily to a considerable extent impaired, They were admitted to be the rightful occupants of the soil, with a legal as well as just claim to retain possession of it, and to use it according to their own discretion...
Página 313 - But as they were all in pursuit of nearly the same object, it was necessary, in order to avoid conflicting settlements, and consequent war with each other, to establish a principle, which all should acknowledge as the law by which the right of acquisition, which they all asserted, should be regulated, as between themselves.
Página 251 - I can never look upon that proclamation in any other light (but this I say between ourselves), than as a temporary expedient to quiet the minds of the Indians. It must fall, of course, in a few years, especially when those Indians consent to our occupying the lands...
Página 248 - As much land as a man tills, plants, improves, cultivates, and can use the product of, so much is his property.

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