Book

Fire and the spirits: Cherokee law fron clan to court

University of Oklahoma Press133 • Published In 1975 • Pages: xx, 260

By: Strickland, Rennard.

Abstract
This document is a description and analysis of the transformation of Cherokee law and justice from the time of the first specialized Cherokee legal institutions and law codes in 1808 until the dissolution of the Cherokee court system by the U.S. Federal government in 1898. As a basis for understanding this transformation the author begins with an examination of traditional Cherokee law, its spiritual foundation and the traditional mechanisms for adjusting grievances and applying sanctions. According to the author, the transformation of Cherokee law and legal system and its consequences were only partly a product of European contact and European legal culture. In addition, the transformation was a conscious effort by the Cherokees, especially mixed-blood Cherokees, to fashion a legal system that preserved Cherokee goals and values and was adapted to interaction with the larger White society. Thus, this study of Cherokee law is also a study of the forging of a Cherokee national identity under the pressure of European contact. This document includes a chronology of Cherokee legal history, a summary of early Cherokee laws and the text of the Cherokee constitution of 1827.
Subjects
Sociocultural trends
History
Legal and judicial personnel
Ethos
Form and rules of government
Law
Police
Offenses and sanctions
Government institutions
Justice
Informal in-group justice
culture
Cherokee
HRAF PubDate
2000
Region
North America
Sub Region
Eastern Woodlands
Document Type
Book
Evaluation
Creator Types
Historian
Lawyer
Document Rating
4: Excellent Secondary Data
5: Excellent Primary Data
Analyst
Gerald Reid ; John Beierle ; 1987 ; John Beierle
Field Date
no date
Coverage Date
1540-1907
Coverage Place
Oklahoma and southeastern [especially North Carolina] United States
Notes
by Rennard Strickland ; foreword by Neill H. Alford, Jr.
Includes bibliographical references (p. 239-254) and index
LCCN
74015903
LCSH
Cherokee Indians