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7 St. Thomas L. Rev. 761 (1994-1995)
Spirituality, Culture and Tradition: An Introduction to the Role of Tribal Courts and Councils in Reclaiming Native American Heritage and Sovereignty

handle is hein.journals/stlr7 and id is 781 raw text is: SPIRITUALITY, CULTURE AND TRADITION: AN INTRODUCTION TO THE ROLE OF TRIBAL COURTS AND COUNCILS IN RECLAIMING NATIVE AMERICAN HERITAGE AND SOVEREIGNTY MARK J. WOLFF* It is appropriate that we now turn our attention to tribal court systems, not because the Symposium is being hosted by St. Thomas University School of Law nor because we are physically in this law school's moot court room, but because the law and its administration embodies and reflects a civilization's spirituality, tradition and culture. Yesterday, in our opening ceremony and introductory comments, we demonstrated, in the words spoken and by our act of communal prayer, a sense of our understanding of the Creator as both transcen- dent and immanent. Pope John Paul II recently emphasized, in Ex Corde Ecclesiae, the overriding importance of understanding religion and spirituality in dialogue with culture as an expression of a people's essential identity. Thus, the study of law requires a holistic approach and an understanding of a civilization's spirituality, tradition and cul- ture if one is to develop an integrated and complete conception of its legal system and principles. The contrast between the American legal system and the operation of Tribal Courts and Tribal Councils' reveals some very fundamental * Professor of Law, St. Thomas University School of Law, Miami, Fla.; B.A. 1973, Wadhams Hall Seminary - College, Ogdensburg, N.Y.; J.D., 1977, Nova University Law Center, Fort Lauderdale, Fla.; LL.M. (Taxation), 1978, New York University School of Law, New York, N.Y.; Member, Board of Directors, St. Thomas University Human Rights Institute; Executive Director, Dade County Educational Facilities Authority. 1. For an excellent discussion on the history of tribal courts and councils, see Vincent C. Milani, The Right to Counsel in Native American Tribal Courts: Tribal Sovereignty and Con- gressional Control, 31 AM. CRIM. L. REv. 1279 (1994). Formalized court systems did not generally exist on most reservations until the late 1800's, when the Bureau of Indian Affairs (BIA) established the Courts of Indian Offenses, or C.F.R. courts. The creation of the C.F.R. courts was a product of the then-prevailing federal policy of assimilation, and their purpose was to promote ac- culturation on the reservations and to help civilize the Indians . . . . The Indian Reorganization Act of 1934 (IRA) signaled a major shift in federal Indian policy from assimilation to self-determination. Along with a reduced BIA role, and increased authority delegated to the tribes, the IRA paved the way for tribes to develop tribal 761

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