Turtle Talk

Kekek Stark has posted “Tribal Law Interpretations of Justice and Justiciability” on SSRN.

Highly recommended. More great work on Anishinaabe Inaakoniewin from Prof. Stark.

Here is the abstract:

In the field of tribal law, the term justice is a commonly used term, yet the term has often gone undefined. So how is justice as an Indigenous concept defined? What does justice as an Indigenous concept entail? When is a dispute (or a tribal court action) justiciable? This article will address these questions. As evidenced from the story of The Woman Who Married A Beaver we can think of justice as inherently tied to our preexisting obligations and responsibilities to one another through the implementation of thoughtful decisions, made on behalf of the people through the achievement and maintenance of harmony, balance, and reciprocal kinship relationships. Utilizing this understanding, this article examines the concept of Indigenous justice through four basic principles: harmony, relationality, inclusivity; and responsibility. This article proceeds to illustrate examples of how the justiciability concepts of standing, ripeness, mootness, and the political question doctrine apply in tribal forums and provides tribal courts and tribal law practitioners recommendations for the future. In summary, this article urges tribal practitioners and tribal courts to utilize the principles embodied in the concept of Daabidawise Onaakonigewin (justice). As such, tribal practitioners and tribal courts will be able to recognize the reciprocal kinship relationships, responsibilities, duties, and obligations of all those that encompass Indigenous justice.