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Appendices F - The Pueblo Codes

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Published online by Cambridge University Press:  05 December 2012

William Twining
Affiliation:
University College London
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Summary

The documents that follow may be of particular interest to those who are concerned with the recording, restatement or reform of tribal law especially where it survives within a ‘modern’ legal system. Llewellyn was invited to draft codes for three Pueblos : Zia, Santo Domingo and Santana. As far as I have been able to ascertain only one Pueblo, Santana, in fact formally adopted Llewellyn's draft code and it is doubtful if it was ever fully operative. The first document, which is addressed to ‘White lawyers’, throws some light on Llewellyn's conception of what he was doing. The second document, which is in the nature of a preamble or explanatory memorandum is a good example of Llewellyn's style in addressing the Pueblos. The excerpts from the draft code for the Santanas are taken from the General part and from the ‘Bill of Rights’. The code contained less than one hundred sections, divided into eight parts.

INTRODUCTORY NOTE ON PUEBLO CODES, FOR WHITE LAWYERS

A Pueblo Code is written against a background of effective, working ‘Common Law’ of the Pueblo. A written provision is not like a statute which stands on its language alone (as does the act of a legislature which is intended to change the common law rule); it is more like the principle laid down in a well-reasoned leading decision, to be applied or extended in terms of its underlying reason, and the people who feel and know that reason are the men of the Pueblo Council.

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Publisher: Cambridge University Press
Print publication year: 2012

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  • The Pueblo Codes
  • William Twining, University College London
  • Book: Karl Llewellyn and the Realist Movement
  • Online publication: 05 December 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139151085.027
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  • The Pueblo Codes
  • William Twining, University College London
  • Book: Karl Llewellyn and the Realist Movement
  • Online publication: 05 December 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139151085.027
Available formats
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  • The Pueblo Codes
  • William Twining, University College London
  • Book: Karl Llewellyn and the Realist Movement
  • Online publication: 05 December 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139151085.027
Available formats
×