It is very difficult to constitute Indigenous Law in terms
that our culture understands because Indigenous systems do
not organize the world into categories of knowledge, or
group data according to the same system we use. Thus we
should keep Sharp’s caution regarding the Athapaskan-speaking
Dene in mind at all times:
"The concept of ‘Dene thought’ or ‘Dene
philosophy’ is my abstraction of Dene myth, speech,
actions, explanations, and other forms of data and
evidence. The Dene themselves do not systematize their
thought into dogma. There are experts in inkoze, but
there are no individuals licensed to create or provide
authoritative versions of Dene practice. There is
philosophy and there are individuals of a philosophical
bent, but there is no discipline of Dene philosophy, no
centralization of Dene philosophy, no official version
of Dene philosophy, and no typology or natural history
of Dene philosophy in Dene culture. For them to develop
typologies, dogmas, or systematizations of their thought
and practice would be a supremely illogical act running
counter culture to the very core of the logic of Dene
thought and practice" (Sharp, Non-directional time 97).
Likewise, we can say the same for Nature’s Law. In none
of the three linguistic or tribal families embraced by this
report do we find specialists in mores, taboos, sanctions
and norms. To be sure, there are groups accorded expertise
in some areas, such as the Black Dog Society among the
Blackfoot, whose role was in carrying out tribal judgments
concerning adultery. However, no Indigenous intellectuals
articulated a systematic understanding of law, or taught a
systematic body of articulation called Nature’s Law. Such a
notion is really derived from Western intellectual
structures and conceptual frameworks.
At the same time, we want to insist that the elements we
are trying to sketch here were in place and did operate
below the articulated level of Indigenous culture. There is
no other way of accounting for this way of living;
acknowledging the validity Nature’s Law is the only logical
way of coming to terms with the kinds of legal systems in
place. It is likely the only way we have of comprehending
the operative principles. If our conceptual system demands
the plumbing of Indigenous understanding, and the systematic
articulation of its operative principles, it is quite
legitimate to provide it, but we must accept that it is our
way of thinking that drives this knowledge, not the
Indigenous. Indigenous peoples, and in particular
pre-contact peoples, would find this need very artificial
and wrong-headed.
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