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31 Ariz. L. Rev. 237 (1989)
Documents of Barbarism: The Contemporary Legacy of European Racism and Colonialism in the Narrative Traditions of Federal Indian Law

handle is hein.journals/arz31 and id is 249 raw text is: Articles

DOCUMENTS OF BARBARISM: THE CONTEMPORARY
LEGACY OF EUROPEAN RACISM AND
COLONIALISM IN THE NARRATIVE TRADITIONS
OF FEDERAL INDIAN LAW
Robert A. Williams, Jr.*
I. INTRODUCTION
As an eastern Indian moved West, I have become more appreciative of
the importance of a central theme of all American Indian thought and dis-
course, the circle. To come West, and listen to so many Indian people speak
and apply a vital and meaningful discourse of tribal sovereignty, has been a
redemptive experience. It has enabled me to envision what must have been
for all Indian peoples before Europeans established their hegemony in
America.
As an eastern Indian moved West, I continually reflect on the cycles of
confrontation between white society and American Indian tribalism.1 I am
most alarmed by the structural similarities which can be constructed be-
tween the early nineteenth century Removal era and the modern West to-
day. In the early nineteenth century, white society confronted the
unassimilability of an intransigent tribalism in the East, and responded with
an uncompromising and racist legal discourse of opposition to tribal sover-
eignty.2 The full-scale deployment of this discourse resulted in tribalism's
virtual elimination from the eastern United States. Particularly in the mod-
em West today, white society again finds itself confronting a resurgent dis-
course of tribal sovereignty as its intercourse with once remote Indian
Nations increases. The revival of an uncompromising and racist legal dis-
course of opposition to tribal sovereignty, articulated by many segments of
* Professor of Law, University of Arizona College of Law. Member, Lumbee Indian Tribe.
1. A classic study on the cycles of contact, confrontation and conquest between white society
and American Indian tribalism in the southwestern United States is Professor Edward Spicer's CY-
CLES OF CONQUEST (1962).
2. For a discussion of the concepts of discourse and discursive formations and their role as
tools of analysis in a general history, see M. FOUCAULT, THE ARCHAEOLOGY OF KNOWLEDGE 3-39
(A. Smith trans. 1972).

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