ABSTRACT

Pre-Columbian aboriginal justice was generally a clan function with sanctions doled out only as needed to restore harmony within the group. Here, warrior societies were the most likely to be assigned the duties of enforcement. The mechanisms of justice during aboriginal times are based on restorative justice, bringing balance back into the society. The guiding theology of the various adaptations of the Harmony Ethos among North American Indians is the superiority of nature over man, with nature represented by Father Sky and Mother Earth. Within this scheme of things, humans are a dependent component reliant on all elements of life for their survival. Rocks, sand, soil, and minerals are important components within the holistic perspective, as are trees, grass, plants, and everything that crawls, walks, swims, and flies. Water is seen as the life blood of Mother Earth, while rain, wind, and lightning reflect the intimate interaction between Mother Earth and Father Sky. Within this worldview, the symbiotic relationship between Mother Earth and Father Sky is what sustains life itself. And like human relations, the earth-sky relationship can be stormy at times.