Publication:

Identities

Loading...
Thumbnail Image

Date

1991

Published Version

Journal Title

Journal ISSN

Volume Title

Publisher

The Harvard community has made this article openly available. Please share how this access benefits you.

Research Projects

Organizational Units

Journal Issue

Citation

Martha Minow, Identities, 3 Yale J.L. & Human. 97 (1991).

Abstract

"We were different/We knew we were different/We were told we were different," stated Chief Flying Eagle of the Mashpee Wampanoag Indians in the course of a trial over their tribal status. The plaintiffs, the Mashpee Indians, asked for a determination that the residents of "Cape Cod's Indian Town" were direct descendants of Native Americans known as the Mashpee, had lived continuously as a tribe, and thus were entitled to regain control of the land in their town despite repeated sales to non-Indians. The defendant, the State of Massachusetts, argued that these people simply were a group with some Indian and some non-Indian ancestors; they had essentially assimilated into mainstream American life through intermarriage and acculturation and thus had no special claim to the land.

The tribe's Medicine Man at the time of the trial was named William James. This small detail exemplified the difficulty of the case. Given the same name as one of the most distinguished American philosophers, how could this Medicine Man demonstrate the distinctive identity of his tribe? What would the other William James, the philosopher, say to this question?

Description

Other Available Sources

Research Data

Keywords

Terms of Use

This article is made available under the terms and conditions applicable to Other Posted Material (LAA), as set forth at Terms of Service

Endorsement

Review

Supplemented By

Related Stories