Panel Paper: Governing Beyond Their Jurisdiction: How a Commitment to Indigenous Ethics Challenges Existing Governance Structures

Friday, November 8, 2019
I.M Pei Tower: Terrace Level, Beverly (Sheraton Denver Downtown)

*Names in bold indicate Presenter

Kouslaa Kessler-Mata, University of San Francisco


Building on the distinction between self-governance and self-determination I made in previous work, this paper shifts away from structuring institutional forms of freedom for tribes and focuses instead on identifying the ethical principles that inform and animate the political life of American Indians. The purpose of this process is, in part, to establish how indigenous political and economic demands are different from and may challenge tribal and state governance structures. In the case of economic development policy in particular, tribal governments do not necessarily pursue political and policy avenues that reflect indigenous cultural identities. I anticipate that such an indigenous ethic will reach far beyond the boundaries of recognized federal Indian law, tribal and state institutions, and make demands that are far more difficult to reconcile than those commonly found in disputes over the scope and authority of tribal governments.