List of Illustrations
Acknowledgments
1 Introduction: Arguing with Tradition in Native America
The Ironies of Indigeneity
Native American Tribal Law and Tradition
“Anglo” Law in Indian Country: Courts of Indian Offenses
Tribal Courts Today: At the Edge of Tribal Sovereignty
The Dearth of Ethnographies of Tribal Courts
The Approach and Aims of This Study
An Outline of This Study
2 Making a Hopi Nation: “Anglo” Law Comes to Hopi Country
Hopi Tribal Governance
Hopi Village Organization and Governance
Court Comes to Hopi Country
The Hopi Tribal Court Today
Data and Methodologies: Talking Tradition in Hopi Property Disputes
3 “What are you going to do with the village’s knowledge?” Language Ideologies and Legal Power in Hopi Tribal Court
Legal Discourse Analysis and Legal Power
Language Ideologies, Metadiscourse, and Metapragmatics
Talking Tradition, Talking Law in Hopi Courtroom Interactions
The Language Ideologies of Anglo-American Law versus Hopi Traditional Authority
Conclusion
4 “He could not speak Hopi. . . . That puzzle— puzzled me”: The Pragmatic Paradoxes of Hopi Tradition in Court
Paradox in the Pragmatics of Language and Law
Discourses of Cultural Difference in Hopi Court
Iterations of Indigeneity in a Hopi Court Hearing
Conclusion
5 Suffering into Truth: Hopi Law as Narrative Interaction
Legal Narrativity in and out of Court
A Model of Hopi Law as Narrative Interaction
The Significance of Settings: Judicial Openings of Hopi Courtroom Narrative
The Contested Narrativity of a Hopi Property Proceeding
Conclusion
6 Conclusion: Arguments with Tradition
Tradition, Culture, and the Politics of Authenticity
Arguing with Tradition
Notes
References
Index