ABSTRACT
The traditional methods that were reintroduced into the tribal court could be traced back to the clanship system in place prior to the United States-Navajo Treaty of 1868. In the face of continuing federal efforts to expand the use of tribal courts and impose a Western system of jurisprudence in Indian Country, tribes are increasingly experimenting with more flexible and inclusive approaches that combine customary Native American sanctioning philosophy and practice with elements of the Western legal system. The chapter provides a description of the range and nature of customary approaches to justice among a number of these tribes. A wide range of descriptive accounts of tribal justice systems and particular sanctioning techniques across different culture areas can be found in the anthropological literature. Traditional justice among the Navajo tends to be swift, direct, personal and emphasizes the restoration of harmony and reacceptance by the community rather than punishment and ostracism.
