Navajo Nation Peacemaking: Living Traditional Justice

By Marianne O. Nielsen

Book Overview

Navajo peacemaking is one of the most renowned restorative justice programs in the world. Neither mediation nor alternative dispute resolution, it has been called a "horizontal system of justice" because all participants are treated as equals with the purpose of preserving ongoing relationships and restoring harmony among involved parties. In peacemaking there is no coercion, and there are no "sides." No one is labeled the offender or the victim, the plaintiff or the defendant. This is a book about peacemaking as it exists in the Navajo Nation today, describing its origins, history, context, and contributions with an eye toward sharing knowledge between Navajo and European-based criminal justice systems. It provides practitioners with information about important aspects of peacemaking--such as structure, procedures, and outcomes--that will be useful for them as they work with the Navajo courts and the peacemakers. It also offers outsiders the first one-volume overview of this traditional form of justice. The collection comprises insights of individuals who have served within the Navajo Judicial Branch, voices that authoritatively reflect peacemaking from an insider's point of view. It also features an article by Justice Sandra Day O'Connor and includes contributions from other scholars who, with the cooperation of the Navajo Nation, have worked to bring a comparative perspective to peacemaking research. In addition, some chapters describe the personal journey through which peacemaking takes the parties in a dispute, demonstrating that its purpose is not to fulfill some abstract notion of Justice but to restore harmony so that the participants are returned to good relations. Navajo Nation Peacemaking seeks to promote both peacemaking and Navajo common law development. By establishing the foundations of the Navajo way of natural justice and offering a vision for its future, it shows that there are many lessons offered by Navajo peacemaking for those who want to approach old problems in sensible new ways.

• Format: Paperback
• Language: English
• ISBN: 0816524718
• ISBN13: 9780816524716
• Release Date: September 2005
• Publisher: University of Arizona Press
• Length: 240 Pages
• Weight: 0.70 lbs.
• Dimensions: 0.6" x 6.3" x 9.3"

Customer Reviews

An anthology of essays offering insights from individuals who have served within the Navajo Judicial

Navajo Nation Peacemaking: Living Traditional Justice is an anthology of essays offering insights from individuals who have served within the Navajo Judicial Branch and practiced the restorative justice program of Navajo peacemaking, as well as articles by other scholars, including Justice Sandra Day O'Connor, offering a comparative perspective. Navajo peacemaking has earned renown as a "horizontal system of justice", in which all participants are treated as equals with the foremost mission of preserving ongoing relationships and restoring harmony. There is no coercion, no "sides", no labels of plaintiff or defendant. Essays discuss the history of Navajo peacemaking, its concepts and practices, assessments of the model, and conclusions as to what can be learned from this system of justice. Especially recommended for legal philosophy shelves, as the ideas within contain the potential to reform and revolutionize flaws in modern mainstream culture dispute resolution systems, whether on a governmental or private level.