NCJ Number
168143
Date Published
1996
Length
17 pages
Annotation
This chapter reviews Navajo tradition regarding the handling of domestic violence, the causes of institutionalized violence, and Navajo legal institutions and their response to domestic violence.
Abstract
Traditionally, Navajos practiced matrilocal residence after marriage; the husband went to live with the wife's mother's group. A woman's family had a corresponding duty to protect her if her husband became abusive. Navajo men's life histories show that they understood both the prohibition against domestic violence and the role of the family as an institution to prevent it. Although not all couples lived with the wife's family, there was a protective custom whereby couples did not live alone during their first year of marriage. Another rule of Navajo common law, which is reinforced in the family and clan as an institution, is that it is best for couples to reconcile their differences. Crime in general on Indian reservations is the product of an environment created by the disruption of traditional lifestyles and economies. The crime of domestic violence is caused by economic dislocation, the destruction of traditional institutions, and the introduction of individualism and the individualistic norms of paternalism and patriarchal rule. Two outside influences that have created a climate that promotes domestic violence are the racist stereotyping of Indians and male dominance in societal arrangements. This study suggests that the proper approach for Navajos in addressing domestic violence is to identify and rethink their traditional values and then use them in both traditional and modern legal institutions. Although the precise structures of traditional Navajo life may be impractical today, the extended family and clan still has an obligation to victims of domestic violence, and the families of abusers are still responsible for addressing the behavior of the abuser. 40 notes