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

by Raymond D. Austin

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.

Genres: Indigenous

296 pages, Paperback

First published January 1, 2009

Reviews

[Paula Overby]

I don't think I can say enough about this book. The Navajo Courts model of restoring community harmony was so compelling when compared to the American punitive court system. While the author acknowledges the challenges of translating the vast cultural differences into English lanuguage it was easy to see the enormous social benefits of the Navajo Court system. The concept is reinforced repeatedly with actual case examples. Even our concept of restorative justice doesn't begin to measure up to the completeness of the Navajo court system. There some interesting history regarding the court system imposed by the federal Bureau of Indian Affairs and the challenge of reforming that system to meet the needs of the Navajo Culture. A very enlightening and transformative work. I strongly recommend it.

[James Diamond · Rating 5 out of 5]

The author was as Associate Justice on the Navajo Nation Supreme Court. This was the basis of his PhD research and dissertation. He takes the oral history of his people and turns it into a practical guideline for adaptation into written law, or common law as it is called. It is exquisitely researched and exceedingly well written. It is the singular model for utilizing Indigenous oral traditions in modern law. If you are a student of Indigenous law, use Austin’s approach, follow his model; it will serve generations to come.

I highly recommend the book, as the five stars signify.

[Michelle · Rating 5 out of 5]

Great overview of Navajo legal concepts

I had the privilege of sitting in on some of Ray Austin's classes during law school. This book provides a pithy summary of his decades of legal thought and experience, while making traditional Navajo concepts understandable to outsiders. Highly recommended for anyone interested in Indigenous jurisprudence, comparative legal systems, or Navajo culture.

[Lloyd · Rating 5 out of 5]

A wonderful book with important information on the Navajo Supreme Court.