Northern Eskimo Law Ways and Their Relationship to Contemporary Problems of "Bush Justice": Some Preliminary Observations on Structure and Function

Northern Eskimo Law Ways and Their Relationship to Contemporary Problems of "Bush Justice": Some Preliminary Observations on Structure and Function

Hippler, Arthur E.; Conn, Stephen

Date: 1973-07

Source: ISEGR Occasional Papers

Publisher: Institute of Social, Economic and Government Research, University of Alaska Fairbanks

Subject: Alaska Court System ; Alaska Natives ; anthropology ; bush justice ; courts ; legal anthropology ; magistrates ; rural justice ; traditional law ways

Type: Report

Table of Contents: Introduction / The Genesis of Eskimo Law Ways in Aboriginal Conflict Resolution / Aboriginal Eskimo Conflict Resolution: An Overview / American Intervention and Eskimo Law Ways / The Village Council / The Contemporary Period: The Magistrate System / Implications for Bush Justice / Conclusion / Bibliography

Abstract:

This paper describes the how the basic values, personality, and culture of Northern (Inupiat) Eskimos contribute to attitudes toward conflict and their society’s capacity to resolve conflict. The paper analyzes the influence of Anglo-American agents of change on that capacity and, especially, the legal system and procedures that developed in the post-contact use of the village council to resolve disputes. It discusses the formal intervention of state law through the magisterial system and its interaction with Eskimo law ways that the village council encouraged. A comparison of village councils and magistrate courts points out the apparent success of the councils due to their unique fit with Eskimo values and expectations. Finally, shortcomings of .the current magistrate system are analyzed with recommendations for policy adaptations.

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