This means that the categories that we have used in this
study to differentiate between different kinds of law are,
in effect, non-binding from the Indigenous perspective. The
reason is not hard to find: none of these kinds of laws are
conceived in isolation from each other. In this report, we
have identified the sacred as a key element in Nature’s Law,
but segregating the sacred out from the various laws of the
people is and was impossible. Law that was not connected to
the sacred could not be conceived of as Nature’s Law…it was
someone’s private dictum. No one had to obey a private
dictum in the Indigenous environment, unless there were
other reasons for it, such as loyalty to a chief even if he
did things contrary to Nature’s Law.
Thus the categories we have used here to articulate the
results of this study are really an attempt to express the
fact that Nature’s Law did have socially-validated zones of
behaviour, which could be understood as ‘composite
constructions of law’ in our sense of the term. It just was
not summarized in our way of thinking. In fact, Indigenous
knowledge did have its own classification system-- Joseph
Epes Brown gives an example of a classification system in
which the Lakota people unite elements that clearly relate
to breath and/or wind. Thus cottonwood trees are lumped
together with spiders, flying insects, birds, elk and bison
because they all are dependent upon air movement for
survival. (Brown, 1973)
Wolfe, et al. have summarized the principle: ‘Because
orally-based indigenous knowledge systems are designed to
incorporate complexity, expand detail, and incorporate
rather than eliminate the unexplained and unexplainable,
they do not reduce information into condensing or
summarizing categories; rather they seek inclusive groupings
with complex internal differentiation.’( Wolfe, et al,
1992:18)
Yet even where classification was fairly clear, as for
example, the rights to a hunting ground, Nature’s Law would
not and could not legislate these categories as being an
unchanging principle in legal reasoning. For example,
Indigenous peoples practiced environment law in that some
tribes used controlled burning as a way to promote fresh
green stock to attract caribou or moose. How and where this
was done depended on the proper resources within the land
controlled by the Native band. The "how and the where"
constituted traditional knowledge equivalent to our notion
of law. By extension, then, Indigenous peoples had an
equivalent of our environmental law, but they would never
have agreed that their rules about burning were the
equivalent of our recently-developed environmental rules on
controlled burning.
From the perspective of this report, then, the categories
of law we have identified constitute crucial elements of the
Nature’s Law system, but we accept that they are utilized
primarily to build knowledge bridges to the Western system
of understanding. . Nothing is held to be absolute about
them, other than that they indicate undeniable groups of
understandings about the kinds of law that are found in
Western legal codes. They are best understood as
constellations of meanings we have grouped this way for
comparative purposes. One other aspect of this presentation
should be noted. We will begin the analysis of each category
with a traditional case of law in the area that we
identified. This case will be drawn from cases that have
come down to us, or will be a composite of cases that have
been passed on to us from oral tradition that appears to
belong to this category of law, or be a case referred to in
the literature. |