Cultivating Peaceful Coexistence Through Conforming to Laws and Practices - Essay Sample

Introduction

Conforming to laws and practices of a particular region has been regarded as a basic part of a culture. In order for citizens of a particular region to peacefully coexist, they must conform to the laws and practices of the society of the society. A society where the residents conform to the culture and practices of the resident group is known to have peaceful coexistence. Peaceful coexistence leads to development of the society and interactions that lead to expansion of the ways and practices that a certain group portrays. In this piece of work we focus on the Native American law which is regarded as a conforming law and unites the different groups of people that reside in the United States.

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Native American law is as a collection of laws that unite the native tribes of the United States and the state government. The laws unite the tribes with their own government as well as those of other regions. In discussing this law, we focus on different aspects including the achievements in the Native American law, jurisdictional questions and issues about the law and the different types of laws that exist (Woodward et al,1989). The law can be practiced by both Americans and non-Americans and native law lawyers just like any other lawyers defend their clients in a court of law.

Native American law encompasses different aspects that have enabled native tribes fit in and lives in harmony with the American tribes. The law preserves the right of Native tribes that have been recognized in the country to make their own laws. Each tribe has its own laws that govern their daily lives. The Natives generally have their own constitution which they follow while residing in the country. The law covers different legal aspects regarding the stay of Native Americans in the country including when federal governments can take over cases involving the Natives and puts out the manner in which legal proceedings regarding Natives should be carried out (Woodward et al,1989). In relation to land and property ownership in the country, the law has stipulated the laws that leave some pieces of land to be owned by the Natives. Generally, the Native law clearly stipulates the manner in which Native Americans conform in the American society.

Some of the laws constituted under the Native American law include the civil dispute law. This law holds that a Native American court had the responsibility of resolving disputes that would arise on Native owned land. This was, however, challenged in 2008 when a state court gave that ruling that a native court had no right to rule over a reserved piece of land if it was not rightfully owned by a Native American. This was in the case between Long Family Cattle and Plains commerce bank. Another law includes the health initiatives that have been put forward to protect the Natives (Clinton et al,1991). One of the most evident health initiatives under the law is the Indian health service that promotes the health of Indians in the area.

The main purpose of the Native American law is to preserve the Native American culture. In addition, the law also helps Native Americans in various ways such as attaining of self-government in a free and fair way hence they are able to rule themselves. The law has also been important in enabling both Native Americans and Non Natives in achieving criminal and civil fairness in proceedings that they are involved in.This is majorly achieved as the law defines various jurisdictional issues that relate to the different tribes in the country. Another major achievement that the Native American law has achieved is by enabling the Natives get access to good medical services under some health laws that have been drafted to protect them. By carrying out the above roles, the Native American law has managed to preserve the Native American culture which is its major aim.

The Native American law is practiced by both Natives and Nonnatives. Attorneys are at the will of choosing whether to focus on Native American law with the aim of protecting people of their tribe. Such attorneys are, however, required to understand their jurisdiction really well as their court hearings will mainly revolve under the Native American law. Out of the more than 2 million attorneys in the country, Native attorneys only constitute about 0.2 percent. This figure is also an inclusion of the legal administrators that are employed in tribunal courts in the country. The lawyers defend the Native citizens in both state courts and Native courts.

For an attorney to practice as a Native attorney, they are required to follow some procedures. The state constitutes about 500 native tribes hence the attorney has to choose the tribe that he is more conversant with. While some tribes require that one understands their cultures and traditions, some only require that the attorney applies and takes an oath to act as an attorney under that tribe (Nader et al,1998). Both criminal and civil lawyers have the right to act under this law. The main aim of Native American lawyers is to promote conservation of the culture of the Native tribes. They are able to achieve this by representing them in a court of law and ensuring that their rights are not violated at all. Attorneys also help the citizens understand their rights as Natives of the country.

Practice of the Native American law is, however, faced by various problems mostly jurisdictional issues. The law holds that a Native American case should be heard in Native court. The main problem comes in to identify the exact tribe of the individual and the laws that should be used in judging of their case. Other rules also hold that in some instances the state court can also hear cases of the Natives. Jurisdictional issues come in during determining when the case should be heard in the native court and when it should be forwarded to the state. It is, therefore, upon the Native attorney to know the jurisdictional laws that apply and the manner in which a specific case should be dealt with.

Native American law is a perfect example on how conformity occurs in the society. The society requires that each individual regardless of their origin and their background is accommodated .Laws that govern the operations of the society should be flexible in such a way that they can change depending on the tribe or individual in context. American residents have witnessed over 500 different tribes moving into their country and due to the flexibility in their formal structure, they are able to accommodate all the tribes and in addition, allow them have their own constitution.

Conformity in a society may, in some way, be viewed as segregation of a certain part of the society as people are allowed to practice what they believe. This, however, is not the case as conformity gives a certain tribe the right to carry on with their traditions from their place of origin. Different communities have different cultures thus carry out some of their activities and situations in a different manner. In a society where the rule of conformity does not hold, most of the Native tribes exist with so much discomfort as they are forced to practice the way of life of the residents.

Accommodating new tribes to be part of the existing tribe promotes peaceful coexistence and consequently brings about development in the society. Conformity can be termed to give Natives a feeling of comfort ability hence enabling them to deliver to the society binging about development. It is ,thus, one of the cultures that should be cultivated in a society in order to promote development and peaceful coexistence.

Native American law is a perfect example of conformity in a society. The law has managed to incorporate about 500 native tribes into the American society. The law has managed to cut across all the needs of the tribes which has enabled them have an easy time the United States. It is important that just like in the States, other countries and societies should peacefully coexist with other tribes and communities to bring about developments in the jurisdiction.

References

Clinton, Robert N., Nell Jessup Newton, and Monroe E. Price. American Indian Law: Cases and Materials. Michie Company, 1991.

Nader, Laura, and Jay Ou. "Idealization and Power: Legality and Tradition in Native American Law." Okla. City UL Rev. 23 (1998): 13.

Woodward, Jack, and Albert Peeling. Native Law. Carswell, 1989.