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Author: Marianne O. Nielsen Publisher: University of Arizona Press ISBN: 0816543720 Category : Social Science Languages : en Pages : 236
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: Marianne O. Nielsen Publisher: University of Arizona Press ISBN: 0816543720 Category : Social Science Languages : en Pages : 236
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: Marianne O. Nielsen Publisher: University of Arizona Press ISBN: 9780816524716 Category : Social Science Languages : en Pages : 244
Book Description
Describes and analyzes the Navajo peacemaking tradition of restorative justice, in which all participants are treated as equals with the purpose of preserving ongoing relationships and restoring harmony among involved parties.
Author: Lloyd L. Lee Publisher: University of Arizona Press ISBN: 081653408X Category : History Languages : en Pages : 217
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: Raymond Darrel Austin Publisher: U of Minnesota Press ISBN: 0816665354 Category : Social Science Languages : en Pages : 295
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: Ted Lewis Publisher: Wipf and Stock Publishers ISBN: 1532647417 Category : Social Science Languages : en Pages : 212
Book Description
Restorative justice is spreading like wildfire across the globe. How can we explain this burst of energy? This anthology makes the bold claim that restorative justice is a vibrant social justice movement. It is more than a great idea gone viral, more than the extension of the legal system, and more than enacting new legislation. Beginning in 2015, the contributors of this volume took part in a series of dialogues sponsored by the Zehr Institute for Restorative Justice, exploring the contours of the restorative justice movement. Each one writes from the burgeoning edges of their own context, inviting readers to consider the fidelity and integrity of the movement’s growth. As a cadre, the authors highlight new locations of restorative justice application: race, pedagogy, ecology, youth organizing, community violence reduction, and more. These diverse voices put forward a fast-paced, hard-hitting glimpse into the pulse of restorative justice today and what it may look like tomorrow.
Author: Marianne O. Nielsen Publisher: University of Arizona Press ISBN: 9780816526536 Category : Social Science Languages : en Pages : 260
Book Description
Native Americans are disproportionately represented as offenders in the U.S. criminal justice system. However, until recently there was little investigation into the reasons. Furthermore, there has been little acknowledgment of the positive contributions of Native Americans to the criminal justice system- in rehabilitating offenders, aiding victims, and supporting service providers. This book offers a valuable and contemporary overview of how the American criminal justice system impacts Native Americans on both sides of the law. Contributors- many of whom are Native Americans- rank among the top scholars in their fields. Some of the chapters treat broad subjects, including crime, police, courts, victimization, corrections, and jurisdiction. Others delve into more specific topics, including hate crimes against Native Americans, state-corporate crimes against Native Americans, tribal peacemaking, and cultural stresses of police officers. Separate chapters are devoted to women and juveniles.
Author: Justin Blake Richland Publisher: Rowman & Littlefield ISBN: 9780759112117 Category : Law Languages : en Pages : 486
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: Hamdesa Tuso Publisher: Lexington Books ISBN: 0739185292 Category : Political Science Languages : en Pages : 587
Book Description
The profession of peacemaking has been practiced by indigenous communities around the world for many centuries; however, the ethnocentric world view of the West, which dominated the world of ideas for the last five centuries, dismissed indigenous forms of peacemaking as irrelevant and backward tribal rituals. Neither did indigenous forms of peacemaking fit the conception of modernization and development of the new ruling elites who inherited the postcolonial state. The new profession of Alternative Dispute Resolution (ADR), which emerged in the West as a new profession during the 1970s, neglected the tradition and practice of indigenous forms of peacemaking. The scant literature which has appeared on this critical subject tends to focus on the ritual aspect of the indigenous practices of peacemaking. The goal of this book is to fill this lacuna in scholarship. More specifically, this work focuses on the process of peacemaking, exploring the major steps of process of peacemaking which the peacemakers follow in dislodging antagonists from the stage of hostile confrontation to peaceful resolution of disputes and eventual reconciliation. The book commences with a critique of ADR for neglecting indigenous processes of peacemaking and then utilizes case studies from different communities around the world to focus on the following major themes: the basic structure of peacemaking process; change and continuity in the traditions of peacemaking; the role of indigenous women in peacemaking; the nature of the tools peacemakers deploy; common features found in indigenous processes of peacemaking; and the overarching goals of peacemaking activities in indigenous communities.
Author: Marianne O. Nielsen
Author: Marianne O. Nielsen
Author: Marianne O. Nielsen
Author: Lloyd L. Lee
Author: Raymond Darrel Austin
Author: Ted Lewis
Author: Kay Pranis
Author: Wanda D. McCaslin
Author: Marianne O. Nielsen
Author: Justin Blake Richland
Author: Hamdesa Tuso