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About this book
Arguing with Tradition is the first book to explore language and interaction within a contemporary Native American legal system. Grounded in Justin Richland's extensive field research on the Hopi Indian Nation of northeastern Arizonaāon whose appellate court he now serves as Justice Pro Temporeāthis innovative work explains how Hopi notions of tradition and culture shape and are shaped by the processes of Hopi jurisprudence.
Like many indigenous legal institutions across North America, the Hopi Tribal Court was created in the image of Anglo-American-style law. But Richland shows that in recent years, Hopi jurists and litigants have called for their courts to develop a jurisprudence that better reflects Hopi culture and traditions. Providing unprecedented insights into the Hopi and English courtroom interactions through which this conflict plays out, Richland argues that tensions between the language of Anglo-style law and Hopi tradition both drive Hopi jurisprudence and make it unique. Ultimately, Richland's analyses of the language of Hopi law offer a fresh approach to the cultural politics that influence indigenous legal and governmental practices worldwide.
Like many indigenous legal institutions across North America, the Hopi Tribal Court was created in the image of Anglo-American-style law. But Richland shows that in recent years, Hopi jurists and litigants have called for their courts to develop a jurisprudence that better reflects Hopi culture and traditions. Providing unprecedented insights into the Hopi and English courtroom interactions through which this conflict plays out, Richland argues that tensions between the language of Anglo-style law and Hopi tradition both drive Hopi jurisprudence and make it unique. Ultimately, Richland's analyses of the language of Hopi law offer a fresh approach to the cultural politics that influence indigenous legal and governmental practices worldwide.
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Yes, you can access Arguing with Tradition by Justin B. Richland in PDF and/or ePUB format, as well as other popular books in Law & Linguistics. We have over one million books available in our catalogue for you to explore.
Information
Publisher
University of Chicago PressYear
2008Print ISBN
9780226712956, 9780226712932eBook ISBN
9780226712963Table of contents
- Contents
- List of Illustrations
- Acknowledgments
- 1. Introduction: Arguing with Tradition in Native America
- The Ironies of Indigeneity
- Native American Tribal Law and Tradition
- āAngloā Law in Indian Country: Courts of Indian Offenses
- Tribal Courts Today: At the Edge of Tribal Sovereignty
- The Dearth of Ethnographies of Tribal Courts
- The Approach and Aims of This Study
- An Outline of This Study
- 2. Making a Hopi Nation: āAngloā Law Comes to Hopi Country
- Hopi Tribal Governance
- Hopi Village Organization and Governance
- Court Comes to Hopi Country
- The Hopi Tribal Court Today
- Data and Methodologies: Talking Tradition in Hopi Property Disputes
- 3. āWhat are you going to do with the villageās knowledge?ā Language Ideologies and Legal Power in Hopi Tribal Court
- Legal Discourse Analysis and Legal Power
- Language Ideologies, Metadiscourse, and Metapragmatics
- Talking Tradition, Talking Law in Hopi Courtroom Interactions
- The Language Ideologies of Anglo-American Law versus Hopi Traditional Authority
- Conclusion
- 4. āHe could not speak Hopi . . . . That puzzleā puzzled meā: The Pragmatic Paradoxes of Hopi Tradition in Court
- Paradox in the Pragmatics of Language and Law
- Discourses of Cultural Difference in Hopi Court
- Iterations of Indigeneity in a Hopi Court Hearing
- Conclusion
- 5. Suffering into Truth: Hopi Law as Narrative Interaction
- Legal Narrativity in and out of Court
- A Model of Hopi Law as Narrative Interaction
- The Significance of Settings: Judicial Openings of Hopi Courtroom Narrative
- The Contested Narrativity of a Hopi Property Proceeding
- Conclusion
- 6. Conclusion: Arguments with Tradition
- Tradition, Culture, and the Politics of Authenticity
- The āPoliticsā of Multiculturalism and Native Culture
- Arguing with Tradition
- Notes
- References
- Index