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How the Indians Lost Their Land: Law and Power on the Frontier

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How the Indians Lost Their Land: Law and Power on the Frontier Cover

 

Synopses & Reviews

Publisher Comments:

Between the early seventeenth century and the early twentieth, nearly all the land in the United States was transferred from American Indians to whites. This dramatic transformation has been understood in two very different ways--as a series of consensual transactions, but also as a process of violent conquest. Both views cannot be correct. How did Indians actually lose their land?

Stuart Banner provides the first comprehensive answer. He argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers. Instead, time, place, and the balance of power between Indians and settlers decided the outcome of land struggles. As whites' power grew, they were able to establish the legal institutions and the rules by which land transactions would be made and enforced.

This story of America's colonization remains a story of power, but a more complex kind of power than historians have acknowledged. It is a story in which military force was less important than the power to shape the legal framework within which land would be owned. As a result, white Americans--from eastern cities to the western frontiers--could believe they were buying land from the Indians the same way they bought land from one another. How the Indians Lost Their Land dramatically reveals how subtle changes in the law can determine the fate of a nation, and our understanding of the past.

Synopsis:

Between the early seventeenth century and the early twentieth, nearly all the land in the United States was transferred from American Indians to whites. How did Indians actually lose their land? Stuart Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers. Instead, time, place, and the balance of power between Indians and settlers decided the outcome of land struggles.

About the Author

Stuart Banneris Professor of <>Law at University of California, Los Angeles.

Table of Contents

Contents

Introduction

1. Native Proprietors

2. Manhattan for Twenty-four Dollars

3. From Contract to Treaty

4. A Revolution in Land Policy

5. From Ownership to Occupancy

6. Removal

7. Reservations

8. Allotment

Epilogue

Notes

Acknowledgments

Index

Product Details

ISBN:
9780674023963
Subtitle:
Law and Power on the Frontier
Author:
Banner, Stuart
Publisher:
Belknap Press
Location:
Cambridge
Subject:
United States - General
Subject:
Legal History
Subject:
Native American
Subject:
Indians of north america
Subject:
History
Subject:
United States Politics and government.
Subject:
Native American-General Native American Studies
Subject:
Law-Legal History
Subject:
Social Science-Ethnic Studies - Native American Studies
Subject:
HISTORY / Native American
Copyright:
Edition Description:
Trade paper
Publication Date:
April 2007
Binding:
Paperback
Grade Level:
General/trade
Language:
English
Illustrations:
9 halftones
Pages:
352
Dimensions:
9 x 6 x 1 in

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Related Subjects

History and Social Science » Law » General
History and Social Science » Native American » General Native American Studies
History and Social Science » Politics » General
History and Social Science » US History » General
History and Social Science » World History » General

How the Indians Lost Their Land: Law and Power on the Frontier New Trade Paper
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Product details 352 pages Belknap Press - English 9780674023963 Reviews:
"Synopsis" by , Between the early seventeenth century and the early twentieth, nearly all the land in the United States was transferred from American Indians to whites. How did Indians actually lose their land? Stuart Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers. Instead, time, place, and the balance of power between Indians and settlers decided the outcome of land struggles.
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