Federal Indian Rights: A Revision of Robert A. Williams' 'The American Indian in Western Legal Thought'

Abstract

Robert A. Williams’ seminal text, ‘The American Indian in Western Legal Thought’, is perhaps the most powerful revisionist analysis of the origin of federal Indian rights. Williams’ text has illuminated numerous fissures in the colonial discourse relating to the conquest of the New World. Indeed, since its publication in 1990, it has become a bulwark for the racist origins of federal Indian rights. This article will argue that while the damaging impact of colonisation on indigenous societies cannot be understated, Williams’ historical method and his conclusions should not be accepted in their entirety. It will be argued that there is a lack detail and historical continuity in Williams’ methodology. Furthermore, it will be argued that Williams adopts a polemic style of historical interpretation that largely ignores the complex political environment of Europe in the Middle Age. In conclusion, this article will suggest that ‘The American Indian’ should be treated as a contemporary political view on the state of Indian legal affairs rather than an accurate historical account of the evolution of federal Indian law.