Indian Common Law
The Role of Custom in American Indian Tribal Courts (Part I of II)
Bibliographic Data
| ID | 4851273 |
|---|---|
| Authors | Robert D Cooter (Ethnographic Museum), Wolfgang Fikentscher (Insiders Technologies (Germany)) |
| Year | 1998 |
| Volume | 46 |
| Issue | 2 |
| Pages | 287 |
| Publication date | 1998-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | The American Journal of Comparative Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-919X • E-ISSN: 2326-9197 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.2307/840932 |
| OpenAlex | W4243761681 |
| Language | EN |
| Citations received | 2 |
Many American Indian Reservations have had modern tribal courts for at least 60 years. Have the distinctive social norms of Indians worked their way into judgemade law, or are tribal courts much like state courts? Is there Indian common law? To answer these questions, we interviewed tribal judges on reservations throughout the West. We found distinctively Indian social norms, both substantial and procedural, pervading tribal courts. Many of these norms are specific to particular tribes and some are shared by many tribes. Indian common laws (in the plural) are tribe-specific, so there is a comparative law of Indian common law. Applying the rules of conflict of laws requires knowledge of Indian common laws
Common law · Ethnology · Indian country · Indian culture · Plural · Political science · Sociology · State (computer science) · Tribe · American Constitutional Law and Politics · Judicial and Constitutional Studies · Law · Legal and Constitutional Studies
| Unique citing works | 2 |
|---|---|
| Citations per year | 0,11 |
| Citation span | 2007 - 2021 (15) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 2 |