Chapter

Conclusion: Arguments with Tradition

in Arguing with Tradition

Published by University of Chicago Press

Published in print August 2008 | ISBN: 9780226712932
Published online March 2013 | e-ISBN: 9780226712963 | DOI: http://dx.doi.org/10.7208/chicago/9780226712963.003.0006
Conclusion: Arguments with Tradition

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This book has presented a historic, ethnographic, and discourse-analytic investigation of the tribal courts of the Hopi Tribe. It has explored the ways in which notions of Hopi tradition and Anglo-American-style law emerge in and shape the constitution of the interactions by which legal actors confront each other in Hopi Tribal Court proceedings. It has also addressed, via sociolegal and linguistic anthropological theories and methodologies, a fundamental issue occupying jurists and scholars working in indigenous legal contexts today, namely, how to think about an indigenous jurisprudence that strikes a balance between managing the influences of colonial oversight and addressing the demands of everyday indigenous life. This chapter reviews trends in sociolegal treatments of the politics of native tradition and cultural difference as well as the role of such politics in the representation of indigenous peoples and their status as sovereign nations. It suggests how the theories and methods employed in this study provide new ways for thinking about tradition and cultural difference, particularly as it informs contemporary indigenous law, politics, and society.

Keywords: Hopi Tribe; Hopi tradition; Hopi Tribal Court; jurisprudence; politics; cultural difference; indigenous law; indigenous peoples; sovereign nations

Chapter.  6104 words. 

Subjects: Social and Cultural Anthropology

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