Paths of resolution under Tsm’syen law before any external forum
Paths of Resolution under Ts’msyen Law before Any External Forum
Under Ts’msyen law, all disputes, harms, and governance questions must first be addressed **within ayaawx**. External forums are not the starting point of resolution and may only be considered **after Ts’msyen legal paths have been fully pursued**.
This order protects jurisdiction, restores balance, and prevents premature removal of matters from Ts’msyen law.
Foundational Principle
Ayaawx is the primary jurisdiction.
No Ts’msyen matter is lawfully unresolved until:
- internal paths of resolution are attempted in good faith
- appropriate authority is engaged
- witness and correction are offered
- restoration is sought
Skipping these steps undermines law and relationship.
Sequence of Lawful Resolution
Resolution proceeds through escalating but connected paths. Not all paths are required in every case, but **earlier paths must be exhausted before later ones**.
Path 1: Personal Accountability and Immediate Correction
Where appropriate, resolution begins with:
- acknowledgment of harm
- apology or explanation
- immediate corrective action
- acceptance of responsibility
This path applies to minor or inadvertent harm and prevents unnecessary escalation.
Path 2: House (Wilp) Resolution
If harm cannot be resolved personally, the matter moves to the wilp.
The wilp:
- addresses conduct of its members
- organizes correction or compensation
- ensures proper behavior
- restores balance internally
The wilp is the first formal legal forum.
Path 3: Inter-House Resolution
Where multiple houses are affected:
- houses engage one another directly
- recognized speakers are used
- protocol is followed
- compensation and restoration are negotiated
Witnessing may be informal or formal depending on impact.
Path 4: Clan (Pdeex) Involvement
When balance is strained or neutrality is required:
- clan structures guide fairness
- marriage, kinship, and descent rules are considered
- proportionality is assessed
- escalation is restrained
Clan involvement prevents personalization of conflict.
Path 5: Elder Guidance
Elders are engaged when:
- precedent is unclear
- conflict persists
- conduct requires moral correction
- future implications are significant
Elders:
- recall adaawx
- interpret ayaawx
- guide restoration
- assess readiness for closure
Elder guidance strengthens legitimacy.
Path 6: Feast and Public Witness
For serious or far-reaching matters, resolution must occur publicly.
Through feast and ceremony:
- harm is acknowledged
- compensation is witnessed
- agreements are affirmed
- record is created
- dignity is restored
Without witness, resolution is incomplete.
Path 7: National Council of Elders
When matters:
- cross communities
- affect shared law or territory
- raise questions of interpretation
- risk fragmentation of ayaawx
a National Council of Elders may be consulted.
The Council:
- interprets ayaawx
- recalls collective precedent
- guides lawful closure
- protects national continuity
The Council advises; it does not replace local authority.
Exhaustion of Ts’msyen Law
A matter is considered **exhausted under Ts’msyen law** only when:
- all appropriate internal paths have been pursued
- good-faith participation occurred
- witness and correction were offered
- restoration was sought
Refusal to engage does not constitute exhaustion.
Relationship to External Forums
External forums may be approached only when:
- Ts’msyen law has been exhausted
- internal jurisdiction has been respected
- engagement does not surrender ayaawx
- participation is clearly limited and defined
External processes do not override Ts’msyen law.
Protection Against Jurisdictional Bypass
Bypassing Ts’msyen paths of resolution:
- undermines law
- weakens relationships
- damages legitimacy
- creates long-term imbalance
Such actions may themselves require correction under ayaawx.
Living Jurisdiction
These paths are not procedural formalities. They are **living expressions of Ts’msyen sovereignty**.
Where resolution follows ayaawx:
- balance is restored
- relationships endure
- authority remains intact
- future generations are protected
Ayaawx is not a last resort. It is the first responsibility.