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FIRE AND THE SPIRITS - CHEROKEE LAW FROM CLAN TO COURT

NCJ Number
25228
Author(s)
R STRICKLAND
Date Published
1975
Length
280 pages
Annotation
THIS WORK TRACES THE EMERGENCE OF THE CHEROKEE SYSTEM OF LAWS FROM THE ANCIENT SPIRIT DECREES TO THE FUSION OF TRIBAL LAW WAYS WITH ANGLO-AMERICAN LAW.
Abstract
THE CHEROKEES ENACTED THEIR FIRST WRITTEN LAW IN 1808 IN GEORGIA. IN SUCCEEDING YEARS THE LEADERS AND TRIBAL COUNCILS OF THE SOUTHEASTERN AND OKLAHOMA GROUPS WROTE A CONSTITUTION, ESTABLISHED COURTS, AND ENACTED LAWS THAT WERE IN ACCORD WITH THE OLD TRIBAL VALUES BUT REFLECTED AND ACCOMMODATED TO THE WHITES' LEGAL SYSTEM. THIS SYSTEM ENDURED UNTIL 1898, WHEN THE FEDERAL GOVERNMENT ABOLISHED THE CHEROKEE TRIBAL GOVERNMENT. THE AUTHOR PROVIDES A BRIEF REVIEW OF CHEROKEE HISTORY AND EXPLAINS THE CIRCUMSTANCES SURROUNDING THE STAGES OF DEVELOPMENT OF THE LEGAL SYSTEM. EXCERPTS FROM EDITORIALS IN THE 'CHEROKEE PHOENIX' AND THE 'CHEROKEE ADVOCATE', LETTERS, AND TRIBAL DOCUMENTS GIVE ADDED INSIGHT INTO THE PROBLEMS THE CHEROKEES FACED AND THEIR EFFORTS TO RESOLVE THEM. OF PARTICULAR INTEREST IS A SERIES OF CHARTS EXPLAINING THE COMPLEX CHEROKEE SPIRIT SYSTEM OF CRIMES (OR DEVIATIONS) AND THE PUNISHMENTS METED OUT FOR THEM. (AUTHOR ABSTRACT)

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