"American Indians understand living in a web of relationships that carry privileges and impose duties. Therefore, I wonder, why is tort law virtually absent in the routine of tribal governance?

Tort law in the dominant culture normally does not come from statutes but from the English Common Law as it has branched off from England to 49 states, all but Louisiana.

In most states, we carry around a free-floating duty not to be “negligent.” This is nothing complicated. It means that we should act as a reasonable person would act in the same or similar circumstances. If we fail this duty, we owe anybody we harm."

Get the Story:
Steve Russell: A Brief History of Indians, Torts and English Common Law (Indian Country Today 9/4)

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