Anglo-American Jurisprudence and the Native American Tribal Quest for Religious Freedom
Bibliographic Data
| ID | 2927726 |
|---|---|
| Authors | John D Loftin (corresponding author) |
| Year | 1989 |
| Volume | 13 |
| Issue | 1 |
| Pages | 1-52 |
| Publication date | 1989-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Indian Culture and Research Journal (JOURNAL) |
| Journal identifiers | ISSN: 0161-6463 • E-ISSN: 0161-6463 |
| Publisher | UCLA American Indian Studies Center (PUBLISHER • US) |
| DOI | 10.17953/aicr.13.1.e3589407678k43w6 |
| OpenAlex | W2160132149 |
| Language | EN |
| Citations received | 7 |
Felix Cohen once wrote that Native American legal history manifests the greatest problem in Anglo American jurisprudence. This paper supports that observation through an examination of the Native American tribal quest for religious freedom. The basic theme of the paper is that traditional Native American tribal peoples and mainstream Anglo Americans embody very different world views, and these differences create major problems for Native American tribes who seek to practice their traditional religions.\nThe first part of this study will compare and contrast traditional Native American tribal views of land and religion with those of Anglo Americans. This picture will be painted with a very broad brush that uncovers the essential differences between the two societies.\nNext the paper will examine the ideology of civilization which is part and parcel of the Anglo-American world view and system of jurisprudence. To do this, the study will concentrate on Adam Smith’s Wealth of Nations and the Supreme Court’s decision in Johnson v. M’Intosh.\nThen the paper overviews some of the foundations of American Indian law, the branch of jurisprudence that deals specifically with Native Americans. Here the study examines cases, treaties, and treaty substitutes
Citation · Download · Folklife · Icon · Jurisprudence · Library science · Media studies · Political science · Sociology · World Wide Web · American Constitutional Law and Politics · Anthropology · Computer Science · History · Law
Are they like us, yet? Some thoughts on why religious freedom remains elusive for Aboriginals in North America
Entrance and Exit from the Military
Who's in Charge of U.S. Indian Policy? Congress and the Supreme Court at Loggerheads over American Indian Religious Freedom
A crosscultural view of learning styles
Eastern Cherokee Creation and Subsistence Narratives
Red as an Apple
On the Origins and Spread of Pan-Indian Spirituality in Canada
| Unique citing works | 7 |
|---|---|
| Citations per year | 0,21 |
| Citation span | 1992 - 2019 (28) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 2 |