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Shadow NationsTribal Sovereignty and the Limits of Legal Pluralism$
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Bruce Duthu

Print publication date: 2013

Print ISBN-13: 9780199735860

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199735860.001.0001

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Introduction

Introduction

Chapter:
(p.xiv) (p.1) Introduction
Source:
Shadow Nations
Author(s):

N. Bruce Duthu

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199735860.003.0001

Situating the claims of tribal governments for more robust forms of inherent sovereign authority within the discourse of legal pluralism necessarily requires us to address fundamental questions about the nature of legitimate government, about political power and about respect for differences amongst societies and individuals. The answers to those fundamental questions will help determine whether we can manage to create and respect the juridical space for legally plural societies to operate effectively within a shared territory or whether we continue to force segments of our plural society - the Indian tribal nations - to subsist within the shadows of the omnipresent and dominant nation-state.

Keywords:   ideology, constitutionalism, pluralism, legal centralism, reversal points, treaty federalism, conventions of tribal sovereignty

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