Arguing with Tradition
The Language of Law in Hopi Tribal Court
176 pages, 2 halftones, 2 maps, 6 line drawings 6 x 9
©
2008
Series: Chicago Series in Law and Society
Cloth $40.00
ISBN: 9780226712932
Published August 2008
Paper $16.00
ISBN: 9780226712956
Published August 2008
List of Illustrations Acknowledgments 1 Introduction: Arguing with Tradition in Native America The Ironies of Indigeneity Native American Tribal Law and Tradition “Anglo” 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: “Anglo” 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 “What are you going to do with the village’s knowledge?” 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 “He could not speak Hopi. . . . That puzzle— puzzled me”: 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 Arguing with Tradition Notes References Index
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