The logical outcome of such a system is that law cannot be
codified according to constant rubrics. For example, it was
the case that all those deemed to be a witiko, that is, to
embody the cannibal spirit, were condemned in Indigenous
cultures. The ‘legal’ result of being condemned was either
exile or death. The witiko taboo was constant. Witiko-type
behaviour, then, was universally regarded as having legal
outcomes, much the same way as running a stoplight will
elicit a hefty fine set by the government. So it is not that
there were no codes of law. Rather, one could say that there
were far fewer codes of law than we have, and that the codes
they had were different from ours. A study of law among
Indigenous peoples, then, is not a search for the notion of
law…that is amply present. It is just that law has to be
understood in a different way, with different strategies of
application and decision, and different ways of maintaining
legal categories.
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