Nature's Law is held to have Ritual Law as part of its
central concern, because Ritual Law is held to reflect the
nuances of the Peoples' perceptions…in other words, where
public discourse in English in present-day North America may
be directed by communications technology such as computers,
radio and TV, ritual validation of language in traditional
societies determined the use of terms. This militates
against us using our translated terms to define ritual
usage. For example, Talamantez is an anthropologist that has
studied Mescalero language and spent years among the Apache
people, yet when she reports to us of the rituals carried on
among the Apache, she has to lapse back onto our language to
convey what she has found. Pesantubbee, an Indigenous
scholar herself points out the problem:
Whether the ceremony is referred to as a "feast" or as a
"dance" shifts the attention from one meaning or emphasis to
another. The feast references the concluding meal of the
four-day ceremony and embodies ideas of communal cooperation
and social gathering. Dance, on the other hand, focuses on
the rite of passage of the young girl and her importance to
the well being of the community. The distinctions are
complicated by the tendency of men to use "feast" and women
"dance." Is this a factor of Mescalero culture or
of western ideologies.(11)
Some would want to dismiss this as semantics, but we can
see that raises very real legal issues. Is a powwow a
religious or secular event? If an act committed during a
powwow is claimed to be religious, does the fact that it is
done during what some would say is a purely "entertaining"
dance determine the culpability? The Indigenous community in
the United States has had to deal with this issue pointedly
in the ceremonies associated with the American Indian
Church, where the use of peyote as part of the ceremony was
originally considered illegal. What allows a ceremony to be
part of Ritual Law, while another is not? What jurisdiction
does English or French language courts over rituals whose
terms may not be directly translatable?
Throughout this writing we have often used the word
"power." Yet it is not defined anywhere, for the very use of
the word conjures up certain conceptions to readers. Some
Indigenous people may be quite mystified by the use of the
word "power", since what they experience may be much closer
to a sublime sense of beauty. Suffices to say that how one
depicts these realities implies more than its surface use
might indicate.
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