Jump to content

Wahkohtowin: Difference between revisions

Edit links
From Wikipedia, the free encyclopedia
Browse history interactively
Content deleted Content added
VisualWikitext
Created the entry.
 
OAbot (talk | contribs)
Bots
433,972 edits
m Open access bot: doi updated in citation with #oabot.
 
(23 intermediate revisions by 15 users not shown)
Line 1: Line 1:
''Wahkohtowin'' is a [[Cree language|Cree]] word which denotes the interconnected nature of relationships, communities, and natural systems. Its literal meaning is “kinship”, but it is often used to refer to [[Cree]] law, or Cree codes of conduct.
'''''Wahkohtowin''''' is a [[Cree language|Cree]] word which denotes the interconnected nature of relationships, communities, and natural systems. Its literal meaning is "kinship", but it is often used to refer to [[Cree]] law, or Cree codes of conduct.


== Etymology ==
== Etymology ==
In the Cree language, ''nêhiyaw wiyasowêwina'' literally translates to “Cree laws”, but law is almost invariably referred to as ''wahkohtowin'', which means “kinship”,<ref name=Snyder/> in reference to an individual's relationship with, and responsibilities within, the systems of which the individual is a part. As such, “''wahkohtowin''" is an imperfect translation of “law”, because law in the pre-colonial Cree context does not refer solely to [[Legal positivism|positivistic]] or [[legal formalism|formalistic]] rules. Rather, ''wahkohtowin'' is a set of obligations which flows from one’s role within his or her community.<ref name=Flaminio/>
In the Cree language, ''nêhiyaw wiyasowêwina'' literally translates to "Cree laws", with ''wiyasowêwina'' meaning the act of weaving.<ref name=Lindberg2020 /> However, law is almost invariably referred to as ''wahkohtowin'', which means "kinship",<ref name=Snyder/> in reference to an individual's relationship with, and responsibilities within, the systems of which the individual is a part. As such, "''wahkohtowin''" is not totally equivalent to the dominant western conceptions of "law", for example because Cree wâhkôtowin does not refer solely to [[Legal positivism|positivistic]] or [[legal formalism|formalistic]] rules.<ref name=Lindberg2020>{{Cite web| publisher = University of Victoria| last = Lindberg| first = Darcy| title = Nêhiyaw Âskiy Wiyasiwêwina: Plains Cree Earth Law and constitutional/ecological reconciliation| location = Canada| accessdate = 2021-11-17| date = 2020| url = https://dspace.library.uvic.ca/handle/1828/11985|at=p. 40}}</ref> Rather, ''wahkohtowin'' is a set of obligations which flows from one's role within his or her community.<ref name=Flaminio/>


== Origins ==
== Origins ==
Line 10: Line 10:
The most recurrent theme within ''wahkohtowin'' is the circle. ''Wahkohtowin'' connotes interconnectedness, so circles are used as symbols to represent the way in which every element of a system is part of the whole.<ref name=Flaminio/> This reaffirms unity under the Creator and within the community, and represents the continuum of life.<ref name=TRC/> ''Wahkohtowin'' sometimes physically takes this form; for example, a community may gather in circles for prayer, discussion, and healing.<ref name=TRC/>
The most recurrent theme within ''wahkohtowin'' is the circle. ''Wahkohtowin'' connotes interconnectedness, so circles are used as symbols to represent the way in which every element of a system is part of the whole.<ref name=Flaminio/> This reaffirms unity under the Creator and within the community, and represents the continuum of life.<ref name=TRC/> ''Wahkohtowin'' sometimes physically takes this form; for example, a community may gather in circles for prayer, discussion, and healing.<ref name=TRC/>


Cree law uses different circles as a visual way to conceptualize different legal principles; there are usually four elements or stages comprising a given circle. For example, the most foundational circle-metaphor describes the four kinds of human beings; when one understands one’s identity in this circle, then one accepts the responsibilities which accompany that identity.<ref name=Napoleon/> Envisioned as a series of concentric circles, children (the most treasured and precious) are placed at the centre. Old ones are next; they are the keepers and teachers of knowledge and represent the past. Women, the nurturers and protectors, are third, and men, who are responsible for safety, constitute the outermost circle.<ref name=Flaminio/>
Cree law uses different circles as a visual way to conceptualize different legal principles; there are usually four elements or stages comprising a given circle. For example, the most foundational circle-metaphor describes the four kinds of human beings; when one understands one's identity in this circle, then one accepts the responsibilities which accompany that identity.<ref name=Napoleon/> Envisioned as a series of concentric circles, children (the most treasured and precious) are placed at the centre. Old ones are next; they are the keepers and teachers of knowledge and represent the past. Women, the nurturers and protectors, are third, and men, who are responsible for safety, constitute the outermost circle.<ref name=Flaminio/>


Another important circle metaphor in the Cree worldview represents one’s personal identity. The innermost level represents the individual, followed by the family, the community, and the nation, respectively. In the Cree worldview, identity is inseparable from land, home, community, or family; these things together constitute a healthy ''wahkohtowin''.<ref name=Flaminio/>
Another important circle metaphor in the Cree worldview represents one's personal identity. The innermost level represents the individual, followed by the family, the community, and the nation, respectively. In the Cree worldview, identity is inseparable from land, home, community, or family; these things together constitute a healthy ''wahkohtowin''.<ref name=Flaminio/>


==See also==
== Teaching ==

[[Sweat lodge]] ceremonies are important in the transmission of nehiyaw legal protocols and teachings, because they allow beauty to persuade participants of the importance of law.<ref>{{Cite journal| issn = 1703-4566| volume = 16| pages = 51–65| last = Lindberg| first = Darcy| title = Miyo Nehiyawiwin : Ceremonial Aesthetics and Nehiyaw Legal Pedagogy| journal = Indigenous Law Journal at the University of Toronto, Faculty of Law| date = 2018-01-01}}</ref>

An initiative in Saskatchewan proposed a ''Wahkohtowin classroom'', which focused on discussing law from a grassroots perspective.<ref>{{Cite journal| doi = 10.22329/wyaj.v34i1.5011| issn = 2561-5017| volume = 34| issue = 1| pages = 175–188| last = Buhler| first = Sarah| title = Reading Law and Imagining Justice in the Wahkohtowin Classroom| journal = Windsor Yearbook of Access to Justice | access-date = 2023-11-10| date = 2017| s2cid = 148767988| url = https://www.erudit.org/fr/revues/wyaj/2017-v34-n1-wyaj03386/1043021ar/resume/| doi-access = free}}</ref>

==Further reading==
*The website of the [http://www.trc.ca/websites/trcinstitution/index.php?p=905 Truth and Reconciliation Commission of Canada]
*The website of the [http://www.trc.ca/websites/trcinstitution/index.php?p=905 Truth and Reconciliation Commission of Canada]
*Friedland, Hadley (2009). ''The Wetiko (Windigo) Legal Principles: Responding to Harmful People in Aree, Anishinabek and Saulteaux Societies—Past, Present and Future Uses, With a Focus on Contemporary Violence and Child Victimization Concerns'' (LLM Thesis). University of Alberta Faculty of Law [unpublished].
*Friedland, Hadley (2009). ''The Wetiko (Windigo) Legal Principles: Responding to Harmful People in Aree, Anishinabek and Saulteaux Societies—Past, Present and Future Uses, With a Focus on Contemporary Violence and Child Victimization Concerns'' (LLM Thesis). University of Alberta Faculty of Law [unpublished].


==References==
==References==
{{Reflist|colwidth=30em|refs=
{{Reflist|colwidth=30em|refs=


<ref name=Snyder>{{cite journal |vauthors=((Snyder E)), ((Napoleon V)), ((Borrows J)) |year=2015 |title=Gender and Violence: Drawing on Indigenous Legal Resources |journal=UNC Law Review |volume=48 |issue= |pages=800 |url=https://www.uvic.ca/law/assets/docs/ilru/Gender%20and%20Violence_Snyder%20Napoleon%20Borrows%20Gender%20UBCLRev593.pdf |format=PDF |accessdate=2018-07-23}}</ref>
<ref name=Snyder>{{cite journal |vauthors=((Snyder E)), ((Napoleon V)), ((Borrows J)) |year=2015 |title=Gender and Violence: Drawing on Indigenous Legal Resources |journal=UNC Law Review |volume=48 |pages=800 |url=https://www.uvic.ca/law/assets/docs/ilru/Gender%20and%20Violence_Snyder%20Napoleon%20Borrows%20Gender%20UBCLRev593.pdf |access-date=2018-07-23}}</ref>


<ref name=Borrows>{{cite book |vauthors=Borrows J |title=Canada's Indigenous Constitution |publisher=University of Toronto Press |location=Beilen |year=2010 |page=24 |url=https://utorontopress.com/us/canada-s-indigenous-constitution-4}}</ref>
<ref name=Borrows>{{cite book |vauthors=Borrows J |title=Canada's Indigenous Constitution |publisher=University of Toronto Press |location=Beilen |year=2010 |page=24 |url=https://utorontopress.com/us/canada-s-indigenous-constitution-4|isbn=9781442698529 }}</ref>


<ref name=Flaminio>{{cite thesis |last=Flaminio |first=Anna Louisa |date=2013 |title=Gladue through Wahkohtowin: Social History Through Cree Kinship Lens in Corrections and Parole |type=LLM Thesis |publisher=University of Saskatchewan College of Law [unpublished] |page=18-26 |url=http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.842.2573&rep=rep1&type=pdf |format=PDF |accessdate=2017-02-25}}</ref>
<ref name=Flaminio>{{cite thesis |last=Flaminio |first=Anna Louisa |date=2013 |title=Gladue through Wahkohtowin: Social History Through Cree Kinship Lens in Corrections and Parole |page= |type=LLM Thesis |publisher=University of Saskatchewan College of Law [unpublished] |pages=18–26 |citeseerx=10.1.1.842.2573 }}</ref>


<ref name=TRC>{{cite report |author=Truth and Reconciliation Commission of Canada |author-link= |date=2015 |title=Canada's Residential Schools: Reconciliation: The Final Report of the Truth and Reconciliation Commission of Canada, Volume 6 |publisher=McGill-Queen's University Press |page=58-59 |accessdate=2017-02-25}}</ref>
<ref name=TRC>{{cite report |author=Truth and Reconciliation Commission of Canada |date=2015 |title=Canada's Residential Schools: Reconciliation: The Final Report of the Truth and Reconciliation Commission of Canada, Volume 6 |publisher=McGill-Queen's University Press |pages=58–59 }}</ref>


<ref name=Napoleon>{{cite journal |vauthors=((Napoleon V)) |year=2007 |title=Thinking about Indigenous Legal Orders |journal=National Centre for First Nations Governance |volume=1 |issue=1 |pages=15 |url=http://fngovernance.org/ncfng_research/val_napoleon.pdf |format=PDF |accessdate=2018-07-24}}</ref>
<ref name=Napoleon>{{cite journal |vauthors=((Napoleon V)) |year=2007 |title=Thinking about Indigenous Legal Orders |journal=National Centre for First Nations Governance |volume=1 |issue=1 |pages=15 |url=http://fngovernance.org/ncfng_research/val_napoleon.pdf |access-date=2018-07-24}}</ref>


}}
}}
{{Canadian Aboriginal and indigenous law}}


[[Category:Indigenous law in Canada]]
[[Category:Canadian Aboriginal and indigenous law]]
[[Category:Legal doctrines and principles]]
[[Category:Legal doctrines and principles]]
[[Category:Indigenous law]]
[[Category:Indigenous law|Cree]]
[[Category:Customary legal systems]]
[[Category:Kinship and descent]]
[[Category:Cree|*]]
[[Category:Society by ethnicity|Cree]]
[[Category:Cultural conventions]]
[[Category:Cree culture]]

Latest revision as of 09:42, 11 December 2023

Wahkohtowin is a Cree word which denotes the interconnected nature of relationships, communities, and natural systems. Its literal meaning is "kinship", but it is often used to refer to Cree law, or Cree codes of conduct.

Etymology

[edit]

In the Cree language, nêhiyaw wiyasowêwina literally translates to "Cree laws", with wiyasowêwina meaning the act of weaving.[1] However, law is almost invariably referred to as wahkohtowin, which means "kinship",[2] in reference to an individual's relationship with, and responsibilities within, the systems of which the individual is a part. As such, "wahkohtowin" is not totally equivalent to the dominant western conceptions of "law", for example because Cree wâhkôtowin does not refer solely to positivistic or formalistic rules.[1] Rather, wahkohtowin is a set of obligations which flows from one's role within his or her community.[3]

Origins

[edit]

Understandings about wahkohtowin may have sacred origins, may come from positivistic rules, or may come from observations about the natural environment.[4] Knowledge from these sources is then processed through deliberation, ceremony, and storytelling. Cree law lives on primarily through stories, which are among the most important references for Indigenous law.[2]

Features

[edit]

The most recurrent theme within wahkohtowin is the circle. Wahkohtowin connotes interconnectedness, so circles are used as symbols to represent the way in which every element of a system is part of the whole.[3] This reaffirms unity under the Creator and within the community, and represents the continuum of life.[5] Wahkohtowin sometimes physically takes this form; for example, a community may gather in circles for prayer, discussion, and healing.[5]

Cree law uses different circles as a visual way to conceptualize different legal principles; there are usually four elements or stages comprising a given circle. For example, the most foundational circle-metaphor describes the four kinds of human beings; when one understands one's identity in this circle, then one accepts the responsibilities which accompany that identity.[6] Envisioned as a series of concentric circles, children (the most treasured and precious) are placed at the centre. Old ones are next; they are the keepers and teachers of knowledge and represent the past. Women, the nurturers and protectors, are third, and men, who are responsible for safety, constitute the outermost circle.[3]

Another important circle metaphor in the Cree worldview represents one's personal identity. The innermost level represents the individual, followed by the family, the community, and the nation, respectively. In the Cree worldview, identity is inseparable from land, home, community, or family; these things together constitute a healthy wahkohtowin.[3]

Teaching

[edit]

Sweat lodge ceremonies are important in the transmission of nehiyaw legal protocols and teachings, because they allow beauty to persuade participants of the importance of law.[7]

An initiative in Saskatchewan proposed a Wahkohtowin classroom, which focused on discussing law from a grassroots perspective.[8]

Further reading

[edit]
  • The website of the Truth and Reconciliation Commission of Canada
  • Friedland, Hadley (2009). The Wetiko (Windigo) Legal Principles: Responding to Harmful People in Aree, Anishinabek and Saulteaux Societies—Past, Present and Future Uses, With a Focus on Contemporary Violence and Child Victimization Concerns (LLM Thesis). University of Alberta Faculty of Law [unpublished].

References

[edit]
  1. ^ a b Lindberg, Darcy (2020). "Nêhiyaw Âskiy Wiyasiwêwina: Plains Cree Earth Law and constitutional/ecological reconciliation". Canada: University of Victoria. p. 40. Retrieved 2021-11-17.
  2. ^ a b Snyder E, Napoleon V, Borrows J (2015). "Gender and Violence: Drawing on Indigenous Legal Resources" (PDF). UNC Law Review. 48: 800. Retrieved 2018-07-23.
  3. ^ a b c d Flaminio, Anna Louisa (2013). Gladue through Wahkohtowin: Social History Through Cree Kinship Lens in Corrections and Parole (LLM Thesis). University of Saskatchewan College of Law [unpublished]. pp. 18–26. CiteSeerX 10.1.1.842.2573.
  4. ^ Borrows J (2010). Canada's Indigenous Constitution. Beilen: University of Toronto Press. p. 24. ISBN 9781442698529.
  5. ^ a b Truth and Reconciliation Commission of Canada (2015). Canada's Residential Schools: Reconciliation: The Final Report of the Truth and Reconciliation Commission of Canada, Volume 6 (Report). McGill-Queen's University Press. pp. 58–59.
  6. ^ Napoleon V (2007). "Thinking about Indigenous Legal Orders" (PDF). National Centre for First Nations Governance. 1 (1): 15. Retrieved 2018-07-24.
  7. ^ Lindberg, Darcy (2018-01-01). "Miyo Nehiyawiwin : Ceremonial Aesthetics and Nehiyaw Legal Pedagogy". Indigenous Law Journal at the University of Toronto, Faculty of Law. 16: 51–65. ISSN 1703-4566.
  8. ^ Buhler, Sarah (2017). "Reading Law and Imagining Justice in the Wahkohtowin Classroom". Windsor Yearbook of Access to Justice. 34 (1): 175–188. doi:10.22329/wyaj.v34i1.5011. ISSN 2561-5017. S2CID 148767988. Retrieved 2023-11-10.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Wahkohtowin&oldid=1189357698"