Justice System of the Indigenous Communities: Practices, Challenges and Implications for Modern Jurisprudence
Year: 2025
Type: article
Abstract: This study examined Indigenous justice systems, focusing on traditional practices, challenges with national legal systems, and their potential contributions to justice policies. Using a qualitative design, it employed in-depth interviews with Indigenous elders to gather insights on customs, experiences, and conflict resolution. The findings indicate that Indigenous justice systems maintain cultural sovereignty through practices rooted in tradition, community healing, and cultural identity. However, they encounter challenges when dealing with national legal systems, such as lack of recognition, limited resources, and differences in procedures. Unlike the state's retributive model, Indigenous restorative justice emphasizes healing, accountability, and community-based solutions. This approach offers enlightening perspectives for creating more compassionate and culturally aware policies. The study concludes that Indigenous justice systems provide culturally grounded and relationship-focused alternatives to punitive models. These contribute to ongoing discussions about legal pluralism, cultural preservation, and justice reform that seek to link Indigenous traditions with state frameworks. Keywords: Cultural sovereignty, legal pluralism, modern jurisprudence, restorative justice.
DOI: 10.36713/epra24760
Author: Areola Rica Pearl D
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4415966370
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