Work

Rethinking the Tribal Sovereignty Doctrine: Cultural Sovereignty and the Collective Future of Indian Nations

Year: 2001
Type: preprint
Abstract: This article calls for a reappraisal of the tribal doctrine, one which looks within - to the sovereignty of Indian Nations - for the core of its meaning rather than to an externally defined notion of tribal Part I of the article examines the limitations of the political doctrine as it has been applied to Indian nations. In Part II, the article attempts to construct a doctrine of cultural sovereignty, premised on the central components of as it is exercised and understood within tribal communities. Part III of the article suggests that cultural is a process of reclaiming culture and of building nations. Using the metaphor of repatriation, we discuss the key features of that process. Part IV concludes the article by offering a vision of what the future of Indian nations might be under a reconceptualized and integrated notion of political and cultural sovereignty.
Language: English
Subfield: Law
Open Access status: green
OpenAlex ID: W1546588440
Cites:
Cited by: 124
Related to: 10