John Phillip Reid is widely known for his groundbreaking work in American legal history. "A Law of Blood," first published in the early 1970s, led the way in an additional newly emerging academic field: American Indian history. As the field has flourished, this book has remained an authoritative text. Indeed, Gordon Morris Bakken writes in the foreword to this edition that Reid s original study shaped scholarship and inquiry for decades. Forging the research methods that fellow historians would soon adopt, Reid carefully ...
John Phillip Reid is widely known for his groundbreaking work in American legal history. "A Law of Blood," first published in the early 1970s, led the way in an additional newly emerging academic field: American Indian history. As the field has flourished, this book has remained an authoritative text. Indeed, Gordon Morris Bakken writes in the foreword to this edition that Reid s original study shaped scholarship and inquiry for decades. Forging the research methods that fellow historians would soon adopt, Reid carefully examines the organization and rules of Cherokee clans and towns. Investigating the role of women in Cherokee society, for example, he found that married Cherokee women had more legal authority than their counterparts in Anglo-American society. In particular, Reid explores the Cherokees revolutionary attitudes toward government and the unique relationship between the members of the tribe and their law. Before the first European contact, the Cherokee Nation had already developed a functioning government, and by the early nineteenth century, the first Cherokee constitution had been enacted."
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Good. 1970 Hardcover map (on lining papers). viii, 340 p. Former Library book. Includes bibliographical references. Shows some signs of wear, and may have some markings on the inside. Shipped to over one million happy customers. Your purchase benefits world literacy!
Very Good. 1970 Hardcover map (on lining papers). viii, 340 p. Includes bibliographical references. Great condition for a used book! Minimal wear. Shipped to over one million happy customers. Your purchase benefits world literacy!
Fine in Near Fine jacket. 8vo-over 7"-9" tall. 340 pp, index, endnotes, map endpapers. Dust jacket has slight wear to the top edge, else as new. During the 19th century, the Cherokees defended their rights in the courts to a far greater degree than other tribes. This book explores the roots of the Cherokee interest in securing rights through litigation rather than war, arguing that they were "distinctly a people of law, " with laws of feud, marriage, property, and war evident in their earliest contact with Europeans.
Ried?s careful and interesting interpretations of the historical data on Cherokee and related nations during the 18th Century explore their ethic of absolute equality. The ethic of absolute equality meant actions were often required but never taken even when actors knew their inactivity would imperil the nation.
?The problem was not merely that fractional and regional rivalries made it impossible for the national government to bind all the Cherokees into a political unit. The problem was that there was no national government at all. It cannot be said that the Cherokees recognized this as a problem. They probably would not have understood it anyway?.In a nation without political unity and lacking the machinery to coerce unity, it follows that governmental leadership was not a matter of constitutional authority but the filling of a constitutional vacuum.? (24-25)
Cherokee philosophy of absolute equality defined aggression as ?any act that made it impossible for one voluntarily to defer to the wishes of another.? (65) Retaliation, kinship organization, and anarchic war were the normative results of the ethic of absolute equality. Dispersion and clan organization required absolute consensus for action at the level of the Cherokee nation.
The long drag of the cultural ethic on the organization of society illustrates Weber?s principle that non-rational charisma (tradition and affect) controls goal- and value rationality. Rationality is merely a limiting condition on culture. It took until the 19th Century for a polity of chieftainship to appear. The ethic of absolute equality destroyed any hope the Indian nations might have had of successfully resisting the mass murders, such as that conducted by President Andrew Jackson.
Reid?s writing is both pleasant and scholarly, his documentation is extensive, and his interest in the history of law is complemented by a wide general knowledge of colonial history.
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