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    Bush Justice and Development in Alaska: Why Legal Process in Village Alaska Has Not Kept up with Changing Social Needs [revision]

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    8417.02.conn.1984.bush-justice ...
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    Description:
    conference paper revised
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    Author
    Conn, Stephen
    Keyword
    Alaska Natives
    bush justice
    development
    rural justice
    Trans-Alaska Pipeline System (TAPS)
    village councils
    Metadata
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    URI
    http://hdl.handle.net/11122/9771
    Other identifiers
    JC 8417.02
    Abstract
    This paper analyzes the evolution of the working legal process in the predominantly Alaska Native villages of rural Alaska after Alaska statehood. Replacement of territorial government by highly centralized state justice agencies led to a weakening in the working relationship between formal law and extralegal mechanisms such as the village council. This change coincided with development and other changes which demanded more formal legal presence in villages rather than less. The paper reviews the fate of various bush justice reform efforts made by state agencies and efforts by villages to respond to justice needs. The author suggests that the inadequacy of legal process in village Alaska is not due primarily to language problems or Native confusion about Western law; rather, the "bush justice problem" is caused by a lack of legal planning for development, the state governmental system's lack of accountability to its rural constituency, and a lack of control by villages over the mixture of formal law, extralegal authority and nonlegal social control appropriate to their needs, both present and future.
    Description
    This manuscript revises a conference paper of the same title; the paper as originally presented can be found at http://hdl.handle.net/11122/9770. A later revision based upon this manuscript was published as "Rural Legal Process and Development in the North" by Stephen Conn. Chap. 10 in Theodore Lane (ed.), Developing America's Northern Frontier, pp. 199–229. Lanham, MD: University Press of America, 1987.
    Table of Contents
    Introduction / Non-legal Social Control / Extra-Legal Control / The Structure of the Legal System / Development in a Village Context / The Structure of State Law and its Influence / What Did Occur / The State Legislative Approach / Conceptualization of the Problem and Its Solution / The Institutional Impetus for Reform / Institutional Perspectives as Planning Perspectives / Development in The Villages — The Impact Statements: Planning for Change / Conclusions from the Pipeline Experience / Notes / Bibliography
    Date
    1984-06-28
    Publisher
    Justice Center, University of Alaska Anchorage
    Type
    Working Paper
    Citation
    Conn, Stephen. (1984). "Bush Justice and Development in Alaska: Why Legal Process in Village Alaska Has Not Kept up with Changing Social Needs". Paper presented at the annual meeting of the Western Regional Science Association, Monterey, CA, Feb 1984; revised Jun 1984.
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