Native American, United States, Conflict of Laws, Non-US Legal Systems, Social Sciences, Comparative Politics, History, Law, Government 

Recent years have seen an increased interest in the variety of cultures co-existing within one state, and a growing acknowledgement of the values ensconced in pluralistic social structures. this book examines the manner in which indigenous people can function in modern states, preserving their traditional customs, while simultaneously adapting aspects of their culture to the challenges posed by modern life. Whereas it was formerly assumed that these tribal frameworks were doomed to extinction, and some states even encouraged such a process, there has been a revival in their vitality, linked to a recognition of their rights.
The book offers a comprehensive survey of various aspects of tribal life, focusing on political issues such as the meaning of sovereignty, legal issues dealing with the role of custom and social issues concerned with sustaining communal life. A focused study is made of a whole series of legal factors, relating to possession and ownership of land, religious rites, the nature of polygamous marriages, the assertion of group rites, the manner of peacefully resolving disputes and allied questions. Recent judicial decisions are analysed as a reflection of the far-reaching changes that have taken place, in a process that has seen the former disregard of basic rights of indigenous people being replaced by an awareness of the injustices perpetrated in the past and a willingness to seek to redress them. The comparison between approaches of different English-speaking countries provides an account of interwoven developments. 

"First Published in 2000, Routledge is an imprint of Taylor & Francis, an informa company." - from Amzon 

CONTENTS
Part 1: Background
1. Custom- Made Law…………………………………………..............……………..p 3
2. Pluralism in the Modern World…………………………..............……………p 8
3. Tribalism- Vague but Valid………………………………............……………..p 29
4. Whither the State? ..............................................................p 55
5. Customary Law as Common Law…………………………………...........….p 79
Part II: The Framework
6. The Invention of Discovery……………………………………...........………..p 93
7. Between Recognition and Repugnancy…………………….............……p 121
8. The Right to Group Right……………………………………………............…..p 136
9. Belonging and Identity………………………………………………............……p 153
10. The Local Tribe in the Global village………………………...........……….p 172
11. The Trials of Tribal Court…………………………………………...........………p 192
Part III The Issues
12. Land is Forever…………………………………………………………................…p 217
13. Holy Rites and Sacred Sites…………………………………………............…p 243
14. A Reasonable ‘Cultural’ Defense……………………….............……………p 262
15. From Harm to Harmony…………………………………..............…………….p 290
16. For Shame……………………………………………………………..............……….p 305
17. Family Matters……………………………………………………................………p 330
18. Women and Children First…………………………………….............……...p 354
Part IV: Special Topics
19. Proving the customary Rule………………………………………..............…p 377
20. Academic Questions…………………………………………………..............….p 396
21. Accounting for the past…………………………………………….............…..p 410
22. Beyond the Law……………………………………………….............…………….p 432
Part V: Conclusions
23. History in the making……………………………………..............………………p 465
24. Community in Society…………………………………..............………………..p 479