0
Your cart

Your cart is empty

Books > History > American history

Buy Now

Religion, Law, and the Land - Native Americans and the Judicial Interpretation of Sacred Land (Hardcover, New) Loot Price: R2,828
Discovery Miles 28 280
Religion, Law, and the Land - Native Americans and the Judicial Interpretation of Sacred Land (Hardcover, New): Brian E. Brown

Religion, Law, and the Land - Native Americans and the Judicial Interpretation of Sacred Land (Hardcover, New)

Brian E. Brown

 (sign in to rate)
Loot Price R2,828 Discovery Miles 28 280 | Repayment Terms: R265 pm x 12*

Bookmark and Share

Expected to ship within 10 - 15 working days

Examining a series of court decisions made during the 1980s regarding the legal claims of several Native American tribes who attempted to protect ancestrally revered lands from development schemes by the federal government, this book looks at important questions raised about the religious status of land. The tribes used the First Amendment right of free exercise of religion as the basis of their claim, since governmental action threatened to alter the land which served as the primordial sacred reality without which their derivative religious practices would be meaningless. Brown argues that a constricted notion of religion on the part of the courts, combined with a pervasive cultural predisposition towards land as private property, marred the Constitutional analysis of the courts to deprive the Native American plaintiffs of religious liberty.

Brown looks at four cases, which raised the issue at the federal district and appellate court levels, centered on lands in Tennessee, Utah, South Dakota, and Arizona; then it considers a fifth case regarding land in northwestern California, which ultimately went to the U.S. Supreme Court. In all cases, the author identifies serious deficiencies in the judicial evaluations. The lower courts applied a conception of religion as a set of beliefs and practices that are discrete and essentially separate from land, thus distorting and devaluing the fundamental basis of the tribal claims. It was this reductive fixation of land as property, implicit in the rulings of the first four cases, that became explicitly sanctioned and codified in the Supreme Court's decision in "Lyng v. Northwest Indian Cemetery Protective Association" of 1988. In reaching such a position, the Supreme Court injudiciously engaged in a policy determination to protect government land holdings, and did so through a shocking repudiation of its own long established jurisprudential procedure in cases concerning the free exercise of religion.

General

Imprint: Praeger Publishers Inc
Country of origin: United States
Release date: November 1999
First published: November 1999
Authors: Brian E. Brown
Dimensions: 230 x 162 x 21mm (L x W x T)
Format: Hardcover
Pages: 208
Edition: New
ISBN-13: 978-0-313-30972-4
Categories: Books > Humanities > History > American history > General
Books > Humanities > Religion & beliefs > General > History of religion
Books > Social sciences > Sociology, social studies > Ethnic studies > Indigenous peoples
Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Property, real estate, land & tenancy law
Books > Humanities > History > World history > From 1900 > Postwar, from 1945
Books > Social sciences > Politics & government > Political control & freedoms > Human rights > Land rights
Books > History > American history > General
Books > History > World history > From 1900 > Postwar, from 1945
Books > Religion & Spirituality > General > History of religion
Promotions
LSN: 0-313-30972-8
Barcode: 9780313309724

Is the information for this product incomplete, wrong or inappropriate? Let us know about it.

Does this product have an incorrect or missing image? Send us a new image.

Is this product missing categories? Add more categories.

Review This Product

No reviews yet - be the first to create one!

You might also like..

A Promised Land
Barack Obama Hardcover  (6)
R795 R621 Discovery Miles 6 210
The Mother Of Black Hollywood - A Memoir
Jenifer Lewis Paperback R415 R329 Discovery Miles 3 290
Hidden Figures - The Untold Story of the…
Margot Lee Shetterly Paperback  (2)
R330 R251 Discovery Miles 2 510
Call Sign Chaos - Learning To Lead
Jim Mattis, Bing West Hardcover  (1)
R609 R487 Discovery Miles 4 870
Humans Of New York
Brandon Stanton Hardcover  (3)
R850 R676 Discovery Miles 6 760
Moral Minorities and the Making of…
Kyle G Volk Hardcover R1,424 Discovery Miles 14 240
The Enlightenment on Trial - Ordinary…
Bianca Premo Hardcover R3,713 Discovery Miles 37 130
Abraham Lincoln and Karl Marx in…
Allan Kulikoff Hardcover R3,379 Discovery Miles 33 790
Writing the Rebellion - Loyalists and…
Philip Gould Hardcover R1,950 Discovery Miles 19 500
Revisit The Old Mill - Its Creation…
W. Leon Smith Hardcover R668 Discovery Miles 6 680
Roger Sherman and the Creation of the…
Mark David Hall Hardcover R1,892 Discovery Miles 18 920
Shapes of American Ballet - Teachers and…
Jessica Zeller Hardcover R3,878 Discovery Miles 38 780

See more

Partners