文章基本信息

标题：Mohegan Indians v. Connecticut (1705-1773) and the Legal Status of Aboriginal Customary Laws and Government in British North America
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作者：Walters, Mark D.
期刊名称：Osgoode Hall Law Journal
印刷版ISSN：0030-6185
出版年度：1995
卷号：33
期号：4
页码：785-829
出版社：Osgoode Hall Law School of York University
摘要：This article examines the eighteenth century case of Mohegan Indians v. Connecticut in order to determine its significance for arguments about the legal status of Aboriginal customary law and government in British North America. The article concludes that the Mohegan case confirms that in certain circumstances native nations on reserved lands in British colonies were subject, not to colonial jurisdictions established for settlers, but to their own traditional customs and institutions. It also concludes that the case is less clear than some recent commentators have suggested about whether British law recognized such nations as having rights of sovereignty.