Ayook: Gitksan Legal Order, Law, and Legal Theory
AYOOK: GITKSAN LEGAL ORDER, LAW, AND LEGAL THEORY by Valerie Ruth Napoleon LLB, University of Victoria, 2001 A Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of DOCTOR OF PHILOSOPHY in the Faculty of Law © Valerie Ruth Napoleon, 2009 University of Victoria All rights reserved. This dissertation may not be reproduced in whole or in part, by photocopy or other means, without the permission of the author. ii Supervisory Committee AYOOK: GITKSAN LEGAL ORDER, LAW, AND LEGAL THEORY by Valerie Ruth Napoleon LLB, University of Victoria, 2001 Supervisory Committee Dr. John Borrows, Faculty of Law Co-Supervisor Dr. John McLaren, Faculty of Law, Professor Emeritus Co-Supervisor Hamar Foster, Faculty of Law Faculty Member Dr. Michael Asch, Department of Anthropology, Professor (Limited Term) Outside Faculty Member Dr. Wendy Wickwire, Department of History, School of Environmental Studies Outside Faculty Member iii Abstract Supervisory Committee Dr. John Borrows, Faculty of Law Co-Supervisor Dr. John McLaren, Faculty of Law, Professor Emeritus Co-Supervisor Hamar Foster, Faculty of Law Faculty Member Dr. Michael Asch, Department of Anthropology, Professor (Limited Term) Outside Faculty Member Dr. Wendy Wickwire, Department of History, School of Environmental Studies Outside Faculty Member Conflict is an integral and necessary aspect of human societies. The challenge is not to prevent conflict or even to resolve it, but rather, to effectively manage it so that it does not paralyse people. Historically, Gitksan society managed conflict through their legal traditions and governance practices, and I argue that it is the undermining of this conflict management system that has generated the pervasive conflicts among the Gitksan people today.
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