Introduction
Legal laws and indigenous laws exist to guide interactions between different parties, and they can best be understood through social-legal studies. The role of legal and indigenous laws is evident through settler colonialism and treaties that helped to dictate relationships during the period. The socio-legal study is a field of research and learning seeking to understand the interactions between society and law, which is crucial in understanding events and relationships in society. The role of society in legal decision-making and shaping the law are part of the study that entails several areas that individuals want to gain knowledge and understanding are some of the areas covered in the course. The role of the law in social change and the application of legal terms in public discussions is one of the elements that one can learn through social-legal study. Learning about the relationships between indigenous people, the land, and European settlers gave me new insight into the role of land in determining the social and political outcomes of communities. Settler colonialism and treaties during the period were crucial in reducing rivalries, and their assessment through social-legal studies helps to enhance comprehension of the role of legal and indigenous laws.
Settler Colonialism
The concept of settler colonialism was important as it provides insights regarding the initial relationship between Europeans and natives. Opposition and violence against British colonialism are a constant feature of the colonial period (Wagner 2018). Colonialism presented the concept of settler colonialism in areas where Europeans settled. Their entry into new lands was based on occupation and ownership of the property without much consideration for the people who previously occupied it. Colonialism led to several conflicts due to their disregard for the people they found on the lands they owned (Piola and Usman 2019). It introduced annexation of property through laws and force that usually led to submission from indigenous people. However, the approach was ineffective in different regions where continued conflict made occupation unprofitable for them.
Settler colonialism was an effective method of occupation of new lands by focusing on weakening targeted landowners. Settler colonialism is one of the many forms of colonialism that were used in occupied areas. It was a process whereby Europeans displaced and replaced locals through oppression and aggression, ensuring minimal rebellion (Park 2020). This form of colonialism was the most preferred by Europeans whenever they encountered indigenous communities. The periods of encounter usually entailed some form of resistance from the locals who wanted to maintain their ownership of lands and freedoms. Resistance was always met with brutal force that forced indigenous people into submission. Factors like genocide and enforcement of oppressive laws were common in colonial encounters as settlers sought to ensure that their rule over the locals was unopposed or experienced little to no resistance (Grewcock 2018). The goal was to replace indigenous people, and their cultures with new societies that conformed to the settlers. However, their occupation of lands that did not belong to them greatly impacted the locals.
The characteristics of settler colonialism show the desire for colonialism to replace indigenous cultures with their own and ensure no return of such cultures. Indigenous replacement was a core goal in all colonial efforts as it helped to ensure uninterrupted use and extraction of resources (Park 2020). The desire and acquisition of land was a vital milestone in every colonization effort for the settlers. It meant success in their mission to remove the land from their previous owners to create space for their occupation. Economic motives were an excellent motivator for settler colonialism as control over valuable resources and cultivation of the land played a crucial role in their economic prosperity (Kowasch et al. 2018). Motivation also came from the belief that they had the right to occupy the land since they had conquered it from their previous owners.
Settler colonialism relied on violence as a key factor in achieving its primary goals. Native inhabitants in North America were strong and willing to fight for their land and freedoms. The acquisition of lands in new territories often experienced significant rebellion from the natives (Park 2020). However, they could not accomplish these goals without using force to remove the natives from their lands. Europeans relied on instilling fear as a control measure against the natives, who were usually ready to defend themselves (Fisher 2017). The rebellious nature of the natives paved the way for slavery as there was significant demand for strong, skilled laborers to till the land for large-scale plantations. The slave trade increased during America’s colonialization by the Europeans. The trade ensured the availability of workers throughout the period and improved the economic viability of the colonized lands. All their advancements were made possible through violence that helped occupy the lands and instill fear among the natives.
The characteristics of settler colonialism have been evidenced throughout history and continue to be seen in modern society. Settler colonialism entailed sending several groups of European settlement on discovered lands was based on viability for occupation. Settlements on lands were usually coupled with assimilation of colonizers’ culture (Park 2020). The approach worked in several western regions, including South America and North America. However, the attributes of settler colonization continued to be seen after colonialism. America has a history of committing genocides and using various forms of violence to oppress Native Americans. Policies of displacement and assimilation still exist in the current society that oppresses the natives. Outside America, Ayyash (2020) claims that settler colonialism can be evidenced in Palestine, where Israelis are displacing Palestinians, leading to increased Jewish settlers in the region. Australia also experienced the same British approach, whereby force was used to displace the Aboriginal and Torres people, allowing land acquisition and settlements by colonists (Edmonds and Jane 2017). Therefore, settler colonization was an effective strategy deployed by the Europeans to achieve their territorial and economic goals. However, their methods have not been aligned with the native laws on land use, given that the primary goal has always been economically oriented.
Ghetto Colonialism
Ghetto colonialism is the specialization of settler colonialism in current society, which supports comprehension of settler colonialism. It exhibits a more complex relationship between various groups of people and land. Paperson (2014) states that the United States is a settler nation where land is the most important asset controlled through the differentiation of people. Governments in settler nations arrange people based on class, gender, class, sex, tribe, and legal status (Paperson 2014). The power of the settler has always been in the ability to shape the land into wealth. The ability to acquire and use land through unconventional methods remains a true signature of the colonial period (Domínguez and Luoma 2020). Controlling the land makes it easy for the settlers to control people in the various categories they establish (Paperson 2014). The idea is to ensure that land remains in the control of immigrants, enslaved people, and other groups should be kept landless. The indigenous people, who are supposed to be the land owners, should be extinguished or controlled in every way to limit their claims. These facts fit into the modern form of colonization where land remains an integral factor of control and settlers use any means to maintain their power.
Ghetto colonialism represents the modernization of settler colonialism. Similar to the past, settlers were focused on controlling land and people. They achieve this through programs and systems that ensure people remain where they want. African Americans are one of the most marginalized groups in America (Popescu et al. 2018). The process that led to their current state is clear and known. Restrictions to attend a school that has evolved to provide poor education have effectively kept the community’s literacy levels low. Through low literacy, settlers limit the opportunities that African Americans have for advancements (Barnum 2018). Poverty and confinement to poor neighborhoods where receiving poor social services are typical is another form of control. Unhealthy habits and limitations to access healthcare services also contributes to the narrative of ghetto colonialism, where control of African Americans is maintained. The primary difference between the previous and current forms of colonialism is the shift in focus on who should be controlled more. In this case, African Americans have taken the place of Native Americans through non-violent but more effective control strategies.
Indigenous Laws
Indigenous laws are the second important concept that was acquired from the course. The concept focuses on the policies that have guided the relationships between the natives, the environment, and others like colonialists. The indigenous people use indigenous laws to guide and dictate interactions with people outside the community and environment (Lingaas 2022). Their leaders have always been keen to maintain respect and structured approaches when conflict arises. Evidence of this is based on the Anishinaable Treaty Making between the natives with Canada and the United States. The treaty was an agreement between the settler governments and the community. It acknowledged that the natives had sovereignty over their traditional territories and ensured the existence of parameters that would guide future negotiations over the occupation or use of the lands in these territories. The first signing of the treaty was done in 1837 by Ojibwe leaders and a British Treaty commissioner representing Minnesota and Ontario (Steinson 2018). The significant factor of the treaty is the fact that the community leaders took the necessary steps to limit atrocities that would have been committed against them by the British due to their desire for land occupation and displacement.
The Anishinaabe Treaty
The Anishinaabe Treaty set the precedence for several treaties and agreements by the community. The Anishinaable community was focused on ensuring peace and respect from the moment the treaty was signed (Craft and King 2021). The concept of treaty-making is crucial in this example as it lays out the principles that guided the natives when negotiating for peace with a group that had established a reputation for using force to ensure the achievement of their goals. The community exhibits many agreements and policies that ensure good relationships between people in the community and outside, land, and every form of life. The natives believe that everything that has life is interconnected and sacred (Craft and King 2021). Treaties were integrated into the Anishinaabe and helped ensure understanding between people who needed to co-exist.
Concession
While colonialism is considered an effective form of control to ensure that settlers remain in power, others would argue that the oppression experienced by African Americans is mainly due to racism and discrimination. Racism remains a significant challenge in the United States. It has existed since the slavery period and continues today directly and indirectly. It is attributed to poverty, poor education, poor health, unemployment, and other social issues (Williams et al., 2019). Linking the current discrimination to settler colonialism does not provide an accurate representation of the problems experienced by the minority community. Moreover, the need to control land may not apply immediately to most people since possession of land is yet to be considered a significant concern in the community. Therefore, colonialism as a form of control in modern society is challenged by other valid facts.
Conclusion
The social-legal study enhances insight into the relationships between people and items in society. The connection between people is crucial when similar interests are being followed. The earlier colonization process entailed using force to acquire land and replace existing cultures with new ones. The efforts worked for a period but were later interfered with by the existence of treaties that ensured peace and respect between the natives and settlers. This knowledge implies that relationships between people and groups can be maintained when there are shared goals. Ghetto colonialism is a modern concept that continues to be explored. While some valid arguments are presented about the theory, there is a need for further development to achieve validity. The primary drawback of the current argument is the shift in focus whereby African Americans are now the target when land ownership has never been a more significant issue than their freedoms.
References
Ayyash, M Muhannad. 2020. “Israel Is a Settler Colony, Annexing Native Land Is What It Does.” Opinions | Al Jazeera, Al Jazeera. Web.
Barnum, Matt. 2018. “Race, Not Just Poverty, Shapes Who Graduates in America – and Other Education Lessons from a Big New Study.” Chalkbeat, Chalkbeat. Web.
Craft, Aimée, and Lucas King. 2021. “Building the Treaty #3 Nibi Declaration Using an Anishinaabe Methodology of Ceremony, Language and Engagement.” Water, 13(4): 532.
Domínguez, Lara, and Colin Luoma. 2020. “Decolonising Conservation Policy: How Colonial Land and Conservation Ideologies Persist and Perpetuate Indigenous Injustices at the Expense of the Environment.” Land, 9(3): 65. Web.
Edmonds, Penelope, and Jane Carey. 2017. “Australian Settler Colonialism Over the Long Nineteenth Century.” In the Routledge Handbook of the History of Settler Colonialism. Web.
Fisher, Linford D. 2017. “”Why shall wee have peace to bee made slaves”: Indian Surrenderers During and After King Philip’s War.” Ethnohistory (Columbus, Ohio) 64(1): 91-114.
Grewcock, Michael. 2018. “Settler-Colonial Violence, Primitive Accumulation and Australia’s Genocide.” State Crime Journal. Web.
Kowasch, Matthias, Simon PJ Batterbury, and Martin Neumann. 2018. “Contested Sites, Land Claims and Economic Development in Poum, New Caledonia.” Other People’s Country. Web.
Lingaas, Carola. 2022. “Indigenous Customary Law and Norwegian Domestic Law: Scenes of a (Complementary or Mutually Exclusive) Marriage?” Laws, 11(2): 19. Web.
Paperson, La. 2014. “A Ghetto Land Pedagogy: An Antidote for Settler Environmentalism.” Environmental Education Research, 20(1): 15–130.
Park, Augustine S. 2020. “Settler Colonialism, Decolonization and Radicalizing Transitional Justice.” International Journal of Transitional Justice, 14(2): 260–279. Web.
Piola, Afriliyani, and Happy Anastasia Usman. 2019. “The Impact of the 19th Century European Colonialism in Africa, in the Novel ‘Things Fall Apart’ by Chinua Achebe.” British (Jurnal Bahasa Dan Sastra Inggris), 8(2): 109. Web.
Popescu, Ioana, et al. 2018. “Racial Residential Segregation, Socioeconomic Disparities, and the White-Black Survival Gap.” PLOS ONE, 13(2) Web.
Steinson, Elizabeth. 2018. “Ojibwe Absent Narratives in Minnesota Forest Park History.” Culminating Projects in History. Web.
Wagner, Kim A. 2018. “Savage Warfare: Violence and the Rule of Colonial Difference in Early British Counterinsurgency.” History Workshop Journal, 85: 217–237. Web.
Williams, David R., Jourdyn Lawrence, and Brigette Davis. 2019. “Racism and Health: Evidence and Needed Research.” Annual Review of Public Health, 40: 105-125.