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Author: Raymond Darrel Austin
Publisher: U of Minnesota Press
ISBN: 0816665354
Category : Social Science
Languages : en
Pages : 295
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Book Description
The Navajo Nation court system is the largest and most established tribal legal system in the world. Since the landmark 1959 U.S. Supreme Court decision in Williams v. Lee that affirmed tribal court authority over reservation-based claims, the Navajo Nation has been at the vanguard of a far-reaching, transformative jurisprudential movement among Indian tribes in North America and indigenous peoples around the world to retrieve and use traditional values to address contemporary legal issues. A justice on the Navajo Nation Supreme Court for sixteen years, Justice Raymond D. Austin has been deeply involved in the movement to develop tribal courts and tribal law as effective means of modern self-government. He has written foundational opinions that have established Navajo common law and, throughout his legal career, has recognized the benefit of tribal customs and traditions as tools of restorative justice. In Navajo Courts and Navajo Common Law, Justice Austin considers the history and implications of how the Navajo Nation courts apply foundational Navajo doctrines to modern legal issues. He explains key Navajo foundational concepts like Hózhó (harmony), K'é (peacefulness and solidarity), and K'éí (kinship) both within the Navajo cultural context and, using the case method of legal analysis, as they are adapted and applied by Navajo judges in virtually every important area of legal life in the tribe. In addition to detailed case studies, Justice Austin provides a broad view of tribal law, documenting the development of tribal courts as important institutions of indigenous self-governance and outlining how other indigenous peoples, both in North America and elsewhere around the world, can draw on traditional precepts to achieve self-determination and self-government, solve community problems, and control their own futures.
Author: Raymond Darrel Austin
Publisher: U of Minnesota Press
ISBN: 0816665354
Category : Social Science
Languages : en
Pages : 295
Get Book Here
Book Description
The Navajo Nation court system is the largest and most established tribal legal system in the world. Since the landmark 1959 U.S. Supreme Court decision in Williams v. Lee that affirmed tribal court authority over reservation-based claims, the Navajo Nation has been at the vanguard of a far-reaching, transformative jurisprudential movement among Indian tribes in North America and indigenous peoples around the world to retrieve and use traditional values to address contemporary legal issues. A justice on the Navajo Nation Supreme Court for sixteen years, Justice Raymond D. Austin has been deeply involved in the movement to develop tribal courts and tribal law as effective means of modern self-government. He has written foundational opinions that have established Navajo common law and, throughout his legal career, has recognized the benefit of tribal customs and traditions as tools of restorative justice. In Navajo Courts and Navajo Common Law, Justice Austin considers the history and implications of how the Navajo Nation courts apply foundational Navajo doctrines to modern legal issues. He explains key Navajo foundational concepts like Hózhó (harmony), K'é (peacefulness and solidarity), and K'éí (kinship) both within the Navajo cultural context and, using the case method of legal analysis, as they are adapted and applied by Navajo judges in virtually every important area of legal life in the tribe. In addition to detailed case studies, Justice Austin provides a broad view of tribal law, documenting the development of tribal courts as important institutions of indigenous self-governance and outlining how other indigenous peoples, both in North America and elsewhere around the world, can draw on traditional precepts to achieve self-determination and self-government, solve community problems, and control their own futures.
Author: Marianne O. Nielsen
Publisher: University of Arizona Press
ISBN: 0816543720
Category : Social Science
Languages : en
Pages : 236
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Book Description
Navajo peacemaking is one of the most renowned restorative justice programs in the world. Neither mediation nor alternative dispute resolution, it has been called a “horizontal system of justice” because all participants are treated as equals with the purpose of preserving ongoing relationships and restoring harmony among involved parties. In peacemaking there is no coercion, and there are no “sides.” No one is labeled the offender or the victim, the plaintiff or the defendant. This is a book about peacemaking as it exists in the Navajo Nation today, describing its origins, history, context, and contributions with an eye toward sharing knowledge between Navajo and European-based criminal justice systems. It provides practitioners with information about important aspects of peacemaking—such as structure, procedures, and outcomes—that will be useful for them as they work with the Navajo courts and the peacemakers. It also offers outsiders the first one-volume overview of this traditional form of justice. The collection comprises insights of individuals who have served within the Navajo Judicial Branch, voices that authoritatively reflect peacemaking from an insider’s point of view. It also features an article by Justice Sandra Day O’Connor and includes contributions from other scholars who, with the cooperation of the Navajo Nation, have worked to bring a comparative perspective to peacemaking research. In addition, some chapters describe the personal journey through which peacemaking takes the parties in a dispute, demonstrating that its purpose is not to fulfill some abstract notion of Justice but to restore harmony so that the participants are returned to good relations. Navajo Nation Peacemaking seeks to promote both peacemaking and Navajo common law development. By establishing the foundations of the Navajo way of natural justice and offering a vision for its future, it shows that there are many lessons offered by Navajo peacemaking for those who want to approach old problems in sensible new ways.
Author: David E. Wilkins
Publisher: Rowman & Littlefield
ISBN: 1442226692
Category : Political Science
Languages : en
Pages : 331
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Book Description
Native nations, like the Navajo nation, have proven to be remarkably adept at retaining and exercising ever-increasing amounts of self-determination even when faced with powerful external constraints and limited resources. Now in this fourth edition of David E. Wilkins' The Navajo Political Experience, political developments of the last decade are discussed and analyzed comprehensively, and with as much accessibility as thoroughness and detail.
Author: Lloyd L. Lee
Publisher: University of Arizona Press
ISBN: 081653408X
Category : History
Languages : en
Pages : 217
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Book Description
A companion to Diné Perspectives: Revitalizing and Reclaiming Navajo Thought, each chapter of Navajo Sovereignty offers the contributors' individual perspectives. This book discusses Western law's view of Diné sovereignty, research, activism, creativity, and community, and Navajo sovereignty in traditional education. Above all, Lloyd L. Lee and the contributing scholars and community members call for the rethinking of Navajo sovereignty in a way more rooted in Navajo beliefs, culture, and values.
Author: Grant Christensen
Publisher: Cambridge University Press
ISBN: 1108488536
Category : History
Languages : en
Pages : 451
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Book Description
Approaches the study of Indian law through the lens of 16 of the most impactful law review articles.
Author: Maureen Trudelle Schwarz
Publisher: University of Arizona Press
ISBN: 9780816516278
Category : Social Science
Languages : en
Pages : 324
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Book Description
What might result from hearing a particular song, wearing used clothing, or witnessing an accident? Ethnographic accounts of the Navajo refer repeatedly to the influences of events on health and well-being, yet until now no attempt has been made to clarify the Navajo system of rules governing association and effect. This book focuses on the complex interweaving of the cosmological, social, and bodily realms that Navajo people navigate in an effort alternately to control, contain, or harness the power manifested in various effects. Following the Navajo life-course from conception to puberty, Maureen Trudelle Schwarz explores the complex rules defining who or what can affect what or whom in specific circumstances as a means of determining what these effects tell us about the cultural construction of the human body and personhood for the Navajo. Schwarz shows how oral history informs Navajo conceptions of the body and personhood, showing how these conceptions are central to an ongoing Navajo identity. She treats the vivid narratives of emergence life-origins as compressed metaphorical accounts, rather than as myth, and is thus able to derive from what individual Navajos say about the past their understandings of personhood in a worldview that is actually a viable philosophical system. Working with Navajo religious practitioners, elders, and professional scholars. Schwarz has gained from her informants an unusually firm grasp of the Navajo highlighted by the foregrounding of Navajo voices through excerpts of interviews. These passages enliven the book and present Schwarz and her Navajo consultants as real, multifaceted human beings within the ethnographic context.
Author: Michael Lerma
Publisher: Oxford University Press
ISBN: 0190639873
Category : Political Science
Languages : en
Pages : 249
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Book Description
What do traditional Indigenous institutions of governance offer to our understanding of the contemporary challenges faced by the Navajo Nation today and tomorrow? Guided by the Mountains looks at the tensions between Indigenous political philosophy and the challenges faced by Indigenous nations in building political institutions that address contemporary problems and enact "good governance." Specifically, it looks at Navajo, or Diné, political thought, focusing on traditional Diné institutions that offer "a new (old) understanding of contemporary governance challenges" facing the Navajo Nation. Arguing not only for the existence but also the persistence of traditional Navajo political thought and policy, Guided by the Mountains asserts that "traditional" Indigenous philosophy provides a model for creating effective governance institutions that address current issues faced by Indigenous nations. Incorporating both visual interpretations and narrative accounts of traditional and contemporary Diné institutions of government from Diné philosophers, the book is the first to represent Indigenous philosophy as the foundation behind traditional and contemporary governance. It also explains how Diné governance institutions operated during Pre-Contact and Post-Contact times. This path-breaking book stands as the first-time normative account of Diné philosophy.
Author: Walter Echo-Hawk
Publisher: Fulcrum Publishing
ISBN: 1555917887
Category : Law
Languages : en
Pages : 363
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Book Description
Now in paperback, an important account of ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical/political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day.
Author: Justin Blake Richland
Publisher: Rowman & Littlefield
ISBN: 9780759112117
Category : Law
Languages : en
Pages : 486
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Book Description
This book is the only available comprehensive introduction to tribal law. It is an indispensable resource for students, tribal leaders, and professionals interested in the complicated relationship between tribal, federal, and state law.
Author: Traci Brynne Voyles
Publisher: U of Minnesota Press
ISBN: 1452944490
Category : Social Science
Languages : en
Pages : 333
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Book Description
Wastelanding tells the history of the uranium industry on Navajo land in the U.S. Southwest, asking why certain landscapes and the peoples who inhabit them come to be targeted for disproportionate exposure to environmental harm. Uranium mines and mills on the Navajo Nation land have long supplied U.S. nuclear weapons and energy programs. By 1942, mines on the reservation were the main source of uranium for the top-secret Manhattan Project. Today, the Navajo Nation is home to more than a thousand abandoned uranium sites. Radiation-related diseases are endemic, claiming the health and lives of former miners and nonminers alike. Traci Brynne Voyles argues that the presence of uranium mining on Diné (Navajo) land constitutes a clear case of environmental racism. Looking at discursive constructions of landscapes, she explores how environmental racism develops over time. For Voyles, the “wasteland,” where toxic materials are excavated, exploited, and dumped, is both a racial and a spatial signifier that renders an environment and the bodies that inhabit it pollutable. Because environmental inequality is inherent in the way industrialism operates, the wasteland is the “other” through which modern industrialism is established. In examining the history of wastelanding in Navajo country, Voyles provides “an environmental justice history” of uranium mining, revealing how just as “civilization” has been defined on and through “savagery,” environmental privilege is produced by portraying other landscapes as marginal, worthless, and pollutable.
