Alaskan Bush Justice: Legal Centralism Confronts Social Science Research and Village Alaska [original paper]
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8211.01.conn.1981.alaskan-bush ...
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conference paper
Keyword
Alaska Court SystemAlaska history
Alaska Natives
bush justice
corrections
courts
justice research
law enforcement
legal pluralism
magistratesNorth Slope Borough, Alaskarural justicetraditional law waysvillage conciliation boardsvillage councils
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JC 8211.01Abstract
This paper traces the history of the bush justice system in rural Alaska, describes the relationship between traditional Alaska Native dispute resolution mechanisms and the state criminal justice system, and analyzes bush justice research between 1970 and 1981 and its effects on state agency policies and changes in the rural justice system. Innovations by researchers were well-received by villagers and field-level professionals, but not by agency policymakers. Hence, most reforms made in the 1970s had vanished by the early 1980s. The author concludes that further reforms will be ineffective unless Alaska Natives are drawn into the decisionmaking process as co-equal players negotiating on legal process from positions of power.Description
A revised version of this paper, at shorter length, was published in the "proceedings" volume for this conference: Conn, Stephen. (1985). "Alaskan Bush Justice: Legal Centralism Confronts Social Science Research and Village Alaska." In Antony Allott & Gordon R. Woodman (eds.), People's Law and State Law: The Bellagio Papers, pp. 299–320. Dordrecht, The Netherlands: Foris Publications (http://hdl.handle.net/11122/9752).Table of Contents
The Environment for Research / What is the bush justice system in Alaska? / The Early Years / Village Council Roles / The Later Years / Impact on Council Justice / Professional Mandates - The Institutional Perspective / The Village Perspective / The Due Process Perspective / Magistrates as Guardians of Due Process / No Court System Alternates / Notice and Due Process / Juries — as educational vehicles and components of due process / Lies in the Name of "Culture Sensitivity" / Village Ordinances / Bush Justice Research - Premises and Examples / Paralegals / Projects Accomplished and Their Bureaucratic Response / Village Paralegals / The Problem Board Experiment / Subsistence / The North Slope Borough / A Footnote on Corrections / The Present / References / Cases cited / Footnotes / APPENDICES [ORIGINAL] / Appendix 1. Public Officials Assessments of Quality of Justice and Selected Public Services [ca. 1978] / Appendix 2. Statewide Juvenile Arrest Rated per 100,000 Individuals [1978] / Appendix 3. Comparison of Alaska Villages, Alaska Statewide, and United States Crime Rates [1977] / APPENDICES (ACCESSIBLE)Date
1981-09Publisher
Justice Center, University of Alaska AnchorageType
Working PaperCitation
Conn, Stephen. (1981). "Alaskan Bush Justice: Legal Centralism Confronts Social Science Research and Village Alaska". Paper presented at the first conference of the Commission on Folk Law and Legal Pluralism of the International Union of Anthropological and Ethnological Sciences, Bellagio, Lake Como, Italy, Sep 1981.Collections
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