Navajo Courts and Navajo Common Law: A Tradition of Tribal Self-Governance

Overview

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 ...

See more details below
Paperback
$16.02
BN.com price
(Save 19%)$19.95 List Price

Pick Up In Store

Reserve and pick up in 60 minutes at your local store

Other sellers (Paperback)
  • All (12) from $10.19   
  • New (6) from $13.16   
  • Used (6) from $10.19   
Sending request ...

Overview

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.

Read More Show Less

Editorial Reviews

Library Journal
Traditional non-Native law refuses to acknowledge the existence, much less the importance, of Native customary law and necessarily opposes future expansion of the role of indigenous legal traditions and regimes. Accordingly, this important contribution by a legal scholar and former judge of the Navajo Nation Supreme Court is most welcome if justice as an ideal and a reality is to move forward. As the author makes plain, the common law for non-Natives is generally understood to embrace new developments and to move forward incrementally, and it is thus wrong in principle (and in terms of fundamental fairness) to fail to embrace the many contributions of the Navajo Nation and of the rich indigenous legal traditions in general. VERDICT The lay reader will be interested to read of the sound logic and the deep communal traditions that enrich Navajo justice today and will gain a deep appreciation of the signal values of harmony, peace, solidarity, and kinship in the advancement of fair outcomes in dispute resolution. That said, the book's chief contribution will be at the level of advanced legal studies.—Gilles Renaud, Ontario Court of Justice
Read More Show Less

Product Details

  • ISBN-13: 9780816665365
  • Publisher: University of Minnesota Press
  • Publication date: 12/16/2009
  • Series: Indigenous Americas Series
  • Pages: 296
  • Sales rank: 1,463,362
  • Product dimensions: 5.50 (w) x 8.50 (h) x 0.80 (d)

Meet the Author

Justice Raymond D. Austin is the Indigenous Peoples Law and Policy Program’s Distinguished Jurist in Residence at the James E. Rogers College of Law at the University of Arizona. A member of the Arizona and Utah state bars and the Navajo Nation Bar Association, he served on the Navajo Nation Supreme Court from 1985 to 2001. Justice Austin is Diné from the Navajo Nation.
Read More Show Less

Table of Contents

Foreword: The Tribal Law Revolution in Indian Country Today, Robert A. Williams, Jr.
Acknowledgments Introduction: Modern Issues, Ancient Traditions: Going Back to Fundamental Values

1. The Navajo Nation Court SystemBrief Navajo History History of the Navajo Nation Courts Modern Navajo Nation Courts2. Foundational Diné Law PrinciplesReturning to Traditional Navajo Laws and Methods3. Hózh= (Peace, Harmony, and Balance)Hózh= in Navajo Culture Hózh= in the Navajo Nation Courts4. K é (Kinship Unity through Positive Values)K é in Navajo Culture K é in the Navajo Nation Courts K é Informs Individual and Community Rights K é as the Basis for Equitable Rights5. K éí (Descent, Clanship, and Kinship)
K éí in Navajo Culture K éí Informs Traditional Domestic Matters K éí in the Navajo Nation Courts Descent and DistributionConclusion: Law Is the Product of Human Experience Glossary of Navajo Names and Kinship Terms Notes Index Index to Navajo Nation Court Cases, Council Resolutions, and Statutes

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)