A Clash of Justice: an Analysis of Indigenous and Western Judicial Practices in Court and Fiction.
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2015-08-15
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en
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Abstract
Interaction between indigenous and western worldviews is a much-researched subject. In this thesis focus will lie on the judicial platform, drawing attention to the way both obtain a sense of justice within their community and, especially, what happens when the two systems interact with each other. Thematically, the subject is the clash of western and indigenous culture exemplified by the different understanding and practice of ‘justice.’
By analyzing and comparing six court cases the western judicial system is analyzed. Six novels form the basis of research on the indigenous customs of justice. Contact and possible friction will be shown between Native Americans or Maori and western society. This thesis creates an image of the way indigenous and western societies form judicial systems and, when interacting with each other, how judicial issues are solved. Holding on to three themes – land claims, fishing rights and wildlife regulation, and adoption – an analysis is made of the different judicial systems.’
I have demonstrated that western court cases are not a sufficient source to have a full understanding of the complex of indigenous-western contacts in systems of ‘justice.’ I have demonstrated that native literature can be a good source for having a better understanding of the indigenous system of ‘justice.’
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Faculteit der Letteren