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Partial Justice (Paperback, New edition)
Loot Price: R1,390
Discovery Miles 13 900
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Partial Justice (Paperback, New edition)
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Should the law be praised or cursed for what it has done to the
American Indian? Using American legal history, politics and
jurisprudence, this study considers the degree to which American
courts have maintained their autonomy and withstood political
pressure, when the sovereignty and property rights of Native
American tribes were at issue. In 1879, a chief of the Ponca tribe,
when released from military custody by an order of a U.S. district
court, pronounced the use of law "a better way" to redress Indian
grievances. This study explores the development of legal doctrine
affecting Native American tribes by courts and commissions in the
United States beginning with seminal court cases of the early 19th
century and continuing through to the 1980's. Whether the law ever
was a better way for Native Americans is a question of fundamental
importance not only with regard to the rights - or even the
survival - of American Indian tribes but also with respect to the
claim of the American legal system to be equally fair and just to
all groups in society regardless of their economic and political
power.
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