Elders clarify meaning when law is unclear or contested
Elders Clarify Meaning of Law
Category: Tsm’syen Law Page status: Working
Purpose
This page records the role of elders in clarifying the meaning of law when its application is unclear or contested.
Clarification preserves continuity of ayaawx and does not constitute the creation of new law.
Principle
Elders clarify meaning when law is unclear or contested.
Nature of Clarification
Clarification is interpretive, not legislative.
Elders:
- Explain meaning through ayaawx and adaawx
- Recall precedent and witnessed practice
- Address ambiguity without altering law
- Maintain continuity across generations
Elders do not:
- Create new law
- Override existing ayaawx
- Act unilaterally
- Replace house or clan authority
Sources of Authority
Clarification is grounded in:
- Ayaawx
- Adaawx
- Witnessed practice
- Conduct over time
Authority arises through recognition, not position.
When Clarification Is Invoked
Clarification may occur when:
- Law is disputed or contested
- Application is unclear in new circumstances
- External systems create confusion
- Meaning has been weakened or challenged
Clarification restores understanding rather than imposing outcomes.
Relationship to Decision-Making
Clarification does not equal final decision-making.
Following clarification:
- Houses and clans act within clarified law
- Responsibility remains with proper authority
- Witnesses continue recognition
Modern Context
In contemporary settings, elder clarification:
- Prevents misinterpretation through external legal frameworks
- Guards against legal drift and erosion
- Maintains Indigenous legal order alongside modern systems