War of the Worlds: History Versus the Law in Charles Wilkinson's American Indians, Time and the Law

Abstract

At a recent conference of academics and practicing attorneys, both Indian and non-Indian, I witnessed an exchange that typifies the relationship between the worlds of historical research and lawyering. It also illuminates the critical reaction to Charles Wilkinson's pivotal new book, American Indians, Time and the Law. In a discussion of federal Indian policy, the historians and anthropologists present argued forcefully that contemporary tribal governments need more statutory protection. They warned that hostile interests threaten modern tribes and can only be deterred by tough new laws. The lawyers present were polite but unsympathetic. Laws, they explained, accomplish very little. They answered the academics with a call for better education and fresh supplies of accurate information. In short, they responded to requests for new laws with a call for more books. The incident revealed a perfectly mirrored skepticism in the two groups: lawyers doubted the law, academics doubted the word. Each side saw power in the other group's weapons. It was an illustration in miniature of the chasm that separates history and the law. Despite their many common interests, it should not be surprising that