Navajo Courts And Navajo Common Law PDF Download
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Author | : Raymond Darrel Austin |
Publisher | : U of Minnesota Press |
Total Pages | : 295 |
Release | : 2009 |
Genre | : Social Science |
ISBN | : 0816665354 |
Download Navajo Courts and Navajo Common Law Book in PDF, ePub and Kindle
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 | : |
Total Pages | : 297 |
Release | : 2007 |
Genre | : Navajo Indians |
ISBN | : 9781109929096 |
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This work focuses on three foundational Navajo doctrines, hozho (harmony, balance and peace), ke (kinship solidarity), and k'ei (clanship system), to analyze how the Navajo judges use Navajo common law to resolve legal problems. The three doctrines are first examined within the Navajo cultural context and then the case method of analysis is employed to explain how the Navajo judges engage the incorporation process. The three doctrines are not laws that can be applied to legal issues, but their derivative norms and values are applied as laws in the Navajo Nation courts.
Author | : Marianne O. Nielsen |
Publisher | : University of Arizona Press |
Total Pages | : 236 |
Release | : 2005-09-01 |
Genre | : Social Science |
ISBN | : 0816543720 |
Download Navajo Nation Peacemaking Book in PDF, ePub and Kindle
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 | : |
Publisher | : |
Total Pages | : 780 |
Release | : 1994 |
Genre | : Indians of North America |
ISBN | : |
Download Native American Common Law and Legal Institutions Book in PDF, ePub and Kindle
Author | : Robert D. Cooter |
Publisher | : |
Total Pages | : 110 |
Release | : 1992 |
Genre | : Indian courts |
ISBN | : |
Download Is There Indian Common Law? Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : 230 |
Release | : 1983 |
Genre | : Law reports, digests, etc |
ISBN | : |
Download Reports of Cases Argued and Determined in the Court of Appeals and the District Courts of the Navajo Nation Book in PDF, ePub and Kindle
Author | : Bethany R. Berger |
Publisher | : |
Total Pages | : 80 |
Release | : 2005 |
Genre | : Indians of North America |
ISBN | : |
Download Justice and the Outsider Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : 640 |
Release | : 1993 |
Genre | : Electronic journals |
ISBN | : |
Download American Indian Law Review Book in PDF, ePub and Kindle
Author | : Matthew L.M. Fletcher |
Publisher | : Aspen Publishing |
Total Pages | : 1219 |
Release | : 2024-03-12 |
Genre | : Law |
ISBN | : |
Download American Indian Tribal Law Book in PDF, ePub and Kindle
Nearly every American Indian tribe has its own laws and courts. Taken together, these courts decide thousands of cases. Many span the full panoply of law, from criminal, civil, and probate cases to divorce and environmental disputes. The Third Edition of American Indian Tribal Law surveys the full spectrum of tribal justice systems. With cases, notes, and historical context, this text is ideal for courses on American Indian Law or Tribal Governments, and an essential orientation to legal practice within tribal jurisdictions. New to the Third Edition: New materials on Anishinaabe jurisprudence Additional materials on tribal laws incorporating Indigenous language and culture Recent and noteworthy cases from tribal courts Additional examples from tribal justice systems and practice Professors and students will benefit from: A broad survey of dispute resolution systems within tribal jurisdictions A review of recent flashpoints in tribal law Cases and material reflecting a wide range of American Indian tribes and legal issues Excerpts and commentary from a wellspring of current scholarship
Author | : Justin Blake Richland |
Publisher | : Rowman & Littlefield |
Total Pages | : 486 |
Release | : 2010 |
Genre | : Law |
ISBN | : 9780759112117 |
Download Introduction to Tribal Legal Studies Book in PDF, ePub and Kindle
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.