Jesuit Paul Le Jeune (1591-1664), writing in the Jesuit
Relations concerning the St. Lawrence Valley natives
(probably Iroquoian-speaking Hurons) would note: "Besides
having some kind of Laws maintained among themselves, there
is also a certain order established as regards foreign
nations." In effect, then, one of the first cultural distinctives identified by the early Church officials was
the rule of law, and the facility that they had in
normalizing relationships with outside powers… likely
through treaties. In effect this kind of statement verifies
that Indigenous social groups constituted distinctive
identities through law and that law governed group to group
dynamics. The evidence is that treaties were operative when
Europeans first came to these shores. This means, then, that
law systems were in place that defined distinctive groups
and that they fashioned complex relationships with other
groups according to a supra-tribal code of ethics. Indeed,
it continued to influence Native behaviour long after
American and Canadian systems of law overwhelmed local
tribal laws. We see no reason why this kind of historical
evidence should not provide us with the earliest validation
of that legitimate forms of law were practiced in North
America.
In a recent study by Indigenous scholar Heather Ann
Harris, a startling case of tribal evidence has been
described that was passed on for nearly 12,000 years. Now,
strikingly that social remembrance has been scientifically
validated. In effect, the tribal knowledge retained the fact
of a terrific landslide that covered some of their tribe in
their territory thousands of years ago. Contemporary
archeological investigations have verified this cataclysmic
event. While not all stories can be validated in this
manner, it shows that such researches demonstrate that
social remembrance is a solid and convincing storehouse for
knowledge...we ought to be able to find a way of granting
this knowledge official standing within our culture.
Yet the expectation that Indigenous knowledge be
validated by Western science is itself critiqued by Harris,
who argues that a science that can dogmatize about what is
or is not knowledge cannot both be objective and be open.
She argues:
The deeply ingrained rules for structuring Western
thinking determine what can be considered real and what can
be ruled out as unreal. If a phenomenon cannot be examined,
measured, recorded and tested according to the rules of
Western empiricism, it is often considered not real. While
it is difficult for those who are part of the dominant
ideology to discern the rules underlying Western scientific
thinking, the rule are much more apparent to those who are
not adherents to those ideologies. These include assumptions
about matter, time, nature, values and race. Such
assumptions which seem to be self-evident truths to those
who are adherents to the ideologies from which they derive
may appear as obvious untruths to those holding different
ideologies. Aspects of indigenous knowledge cannot be
considered in isolation from others and still be understood
as culture members understand them. Western scholars are
expected to be highly specialized, knowing much about one
subject but not necessarily knowing about others which may
be related. This is a way of learning about the world
through inductive reasoning. In indigenous intellectual
traditions, reasoning is usually deductive. It is expected
that individuals will understand the functioning of the
system and deduce the functioning of the parts, therefrom.
(Harris, 2002)
If there are, then, good reasons why Indigenous concepts
should be acknowledged as bone fide knowledge systems, there
seems nothing in this research that should override the
argument: the evidence points to Indigenous systems of law
too. What is required is the careful weighing of the
evidence to understand how it is to should be understood,
defined and how it functioned. |