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https://doi.org/10.3935/zpfz.76.3.6
Along the Oregon Trail in the Film The Way West: Considerations in a Historical Framework from the Perspective of Political and Legal Theory
Andreja Mihailović
orcid.org/0000-0002-3002-6442
; Faculty of Law, University of Montenegro, Podgorica, Montenegro
Draginja Vuksanović Stanković
; Faculty of Law, University of Montenegro, Podgorica, Montenegro
Marko Dokić
orcid.org/0000-0002-6328-4683
; Faculty of Law, University of Montenegro, Podgorica, Montenegro
Abstract
This paper provides a theoretical-legal analysis of authority over the caravan along the Oregon Trail in Andrew V. McLaglen’s 1967 film The Way West. Belonging to the era of the classical Western, the film depicts a period in American history marked by westward migration. The focus is on the 1840s, when settlers – primarily from the Midwestern states – undertook the 3,200 km journey to Oregon. While the work in question is a film, it is grounded in actual historical events. Accordingly, the legal analysis undertaken engages with issues such as the formation of associations prior to the commencement of the journey, the establishment of rules concerning the protection of property, the regulation of proprietary relations, and the imposition of sanctions in instances when settlers commit offenses, matters that have been extensively examined in legal-historical scholarship. In this paper, these questions are analysed with specific reference to the film’s narrative framework, while particular attention is devoted to the authority contractually conferred upon the leader of the expedition, examined from the standpoint of political and legal theory. This entails an analysis of both the nature of such authority and its defining characteristics. Through this approach, the paper seeks to demonstrate the interrelationship between legal culture and popular culture, as well as their mutual permeation and reciprocal influence.
Keywords
political theory; legal theory; film; The Way West; authority
Hrčak ID:
349764
URI
Publication date:
24.7.2026.
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