Download PDF by Jill Norgren: American Cultural Pluralism and Law: Second Edition

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By Jill Norgren

ISBN-10: 0275948552

ISBN-13: 9780275948559

This new and up-to-date version of Norgren and Nanda's vintage textual content brings their exam of yank cultural pluralism and the legislations modern throughout the Clinton management. whereas keeping their emphasis at the suggestion of cultural range because it pertains to the legislation within the usa, new and up to date chapters replicate fresh correct complaints touching on tradition, race, gender, and sophistication, with specific recognition paid to neighborhood and kingdom courtroom critiques. Drawing on court docket fabrics, statutes and codes, and criminal ethnographies, the textual content analyzes the continued negotiations and lodgings through the mechanism of legislation among culturally diverse teams and the bigger society. a massive textual content for classes in American executive, society and the legislation, cultural stories, and civil rights.

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Petra T. Shattuck and Jill Norgren, Partial Justice (Oxford: Berg, 1991), 39. 6. 7 Cong. Deb. App. x (Washington, DC: 1830). 7. Cherokee Nation v. S. 1, 17-18 (1831). 8. Cherokee Nation v. Georgia, 44. 9. Worcester v. S. 515, 561 (1832). 10. Francis Paul Prucha, American Indian Policy in Crisis (Norman: Univers of Oklahoma Press, 1976), 21. 11. A. Debo, And Still the Waters Run (Norman: University of Oklahoma Press, 1984), 22. 12. Kirke Kickingbird and Karen Ducheneaux, One Hundred Million Acres (New York: Macmillan, 1973), 19.

For the next several decades, Sioux elders voiced their deeply felt grievances against the illegal taking of the Black Hills in their tribal councils. S. government agents, and the imposition of assimilationist policy through, for example, the Dawes Act, factionalism developed among the Sioux in which a new generation of younger, more assimilated Sioux contested the power of the elders and their vision of the future of the Sioux Nation. It was this younger group of Sioux, along with lawyers working on a contingency fee basis, that led to a case framed in terms of money compensation, rather than return of land.

Urban wage work no longer assured an adequate subsistence and the traditional sanctions of shame, ridicule, and ostracism for theft were no longer effective in the cities. Hawaiians learned to covet Western goods—horses, cattle, clothing, tools, furniture—and cash, accounting for the increase in thefts. Many charges of theft, however, were really conflicts over contracts, illustrating the confusion over property rights in this culturally transitional period. 16 At midcentury, also, with Western advisors now in important positions in the Hawaiian government, Western law regarding land tenure became more deeply entrenched in Hawaiian society.

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American Cultural Pluralism and Law: Second Edition by Jill Norgren

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