Abstract
Abstract Through examination of conflict of laws as to U.S. federal courts and tribal law, this study highlights the impact of culture upon legal meaning. Disparities stem from long-standing norms which underpin legal concepts. These terms which give rise to legal philosophy and the judicial process defy clear English interpretation. Examples include the Latin term mens rea which serves as the foundation for Anglo-American punishment theory, and the Navajo term hózhó from which all conceptualizations of social order emanate. An exploration of these examples in the context of a recent case underscores the close link between law and culture.
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