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Law and the Protection of Cultural Communities: the Case of Native American Fishing Rights
Author(s) -
ANDERSON MICHAEL R.
Publication year - 1987
Publication title -
law and policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.534
H-Index - 45
eISSN - 1467-9930
pISSN - 0265-8240
DOI - 10.1111/j.1467-9930.1987.tb00402.x
Subject(s) - fishing , pace , treaty , politics , political science , fishing village , law , geography , geodesy
This essay explores the Salish peoples' quest for protection of traditional culture through the legal protection of traditional fishing practices. Through a history of political confrontation, the politically symbolic and culturally significant issue of fishing rights came before the courts. In one case, the courts came to recognize the cultural import of traditional fishing and made provisions for enhanced fishing opportunities based on treaty rights. Paradoxically, implementation of the decision exacerbated internal divisions in Salish society and the integrity of the cultural community continues to disintegrate at an accelerated pace.