The arbitrary Indian
Subtitle: the Indian Arts and Crafts Act of 1990
By: Gail K. Sheffield.
Publisher: University of Oklahoma Press
Published: 1997
Place of publication: Norman
Language: eng
Number of pages: 223
Subjects: Indian arts -- Law and legislation.; Indian handicraft industries -- Law and legislation.; Indians of North America -- Legal status, laws, etc.; Art -- Forgeries -- United States.
Description: American Indian sovereignty, Indian self-identification, "authenticity" of Indian art, suppression of free expression, personal versus cultural rights - all of these issues and more are raised by the controversial Indian Arts and Crafts Act of 1990. In this provocative book, Gail K. Sheffield provides an in-depth analysis of the act, revealing its historical, legal, and social implications and exposing its fundamental flaws.

The Indian Arts and Crafts Act was enacted by Congress to prevent the fraudulent sale of arts and crafts as Indian-made when they are not. Seemingly benign in intent, the act creates false distinctions, argues Sheffield, about who or what is "Indian" or "Indian-made." "Indians" are defined by the act according only to their political status - as members of federally or state-recognized tribes, or as individuals certified by either.

Excluded are artists-craftspeople who are Indian according to ancestry or sociocultural traits but not according to the statutory definition. The result, Sheffield claims, is an "arbitrary process that creates arbitrary effects.".

To demonstrate the nature and extent of the controversy generated by the act, Sheffield cites the many and disparate opinions of affected American Indians in the arts and crafts industry. In the end, The Arbitrary Indian lays bare the unfortunate consequences that result when legislators fail to consider the implications of statutory language and the pitfalls of legislating ethnicity.
Notes: Includes bibliographical references (p. [203]-213) and index.