Justice as Phoenix: Traditional Indigenous Law, Restorative Justice, and the Collapse of the State.

Source: (2006) In, Ross, Jeffrey Ian and Gould, Larry, editors, Native Americans and the Criminal Justice System, Paradigm Publisher, Boulder, London. pp.51-64

This chapter will examine the role of the collapse of the state in prompting the indigenous and restorative justice movements in the context of the nature of law, briefly describes the rise of the parallel movements, discuss their general thrust, highlights similarities and differences, and proposes a relationship model. They are a Phoenix rising from the ashes of the state, and they both offer promise for effective participatory democracy; something that is missing from contemporary legal systems. (excerpt)