Professor Robert Williams examines the historical origins of modern
Indian law jurisprudence. He argues that the white man’s European-
derived legal discourse relies on historically derived myths to legitimize
the colonization and subordination of Indian tribes. These myths have
their roots in the medieval Christian Church’s attempts to use legal
discourse to justify the Crusades and colonization, to assert the primacy
of Eurocentric norms, and to deny respect to all differing norms and values.
Professor Williams contends that modern Indian law opinions continue to
assert the primacy of the white man’s values and the subordination of the
Indian’s worldview, although the origins of this approach have been obscured
and forgotten. In order to win their cases in American courts, he argues
Indian tribes must emphasize their acceptance and adoption of the white
man’s legal and political values. Professor Williams believes that an
“Americanized” approach to Indian law jurisprudence should replace the
Eurocentric one. An Americanized approach acknowledges the need
for different American Peoples to respect each other’s worldviews,
rather than to use legal discourse to subordinate all norms which differ
from those of the white man.
-The Algebra of Federal Indian Law: The Hard Trail of Decoolonizing and
Americanizing The White Man’s Indian Jurisprudence
Wisconsin Law Review
by Robert A. Williams, Jr. pg.219
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