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Gullah Island Dispute Resolution: An Example of Afrocentric Restorative Justice

Author(s): Morris Jenkins


Source: Journal of Black Studies, Vol. 37, No. 2 (Nov., 2006), pp. 299-319
Published by: Sage Publications, Inc.
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GULLAH ISLAND DISPUTE
RESOLUTION
An Example of Afrocentric
Restorative Justice
MORRISJENKINS
Universityof Toledo

Restorativejustice has been suggested as a means to deal with dispropor-


tionateminorityconfinementand othersocial problemswithin communi-
ties of color, specifically the Black community.However, scholars and
practitionershave pointedout culturalconcernsthatmust be addressedin
the restorativejustice process. Afrocentrictheory and its principleshave
been suggestedas a way to deal with the culturalconcernswithinthe restor-
ativejustice process.This articleexaminesthe contemporaryandhistorical
means of informal dispute resolution in the Gullah Islands of South
Carolina.These strategiesof dispute or conflict resolution were used to
deal with crime, delinquency,civil matters,community grievances, and
othersocial wrongsoutsidethe traditionalcommonandcivil legal systems.
Throughon-site in-depthinterviews,focus groups,andan analysisof archi-
val documents, the research determinedthat the strategies used on the
GullahIslandsfell within the Afrocentricrestorativejustice model.

Keywords: Gullah;Afrocentrictheory;restorativejustice; conflictreso-


lution;AfricanAmerican;informalsocial control

The restorative justice approach calls for a balancedresponseto


criminalityanddelinquency(Dzur& Wertheimer,2001; VanNess
& Strong,1997). Unlikethe traditionalcriminaljustice mechanism,
restorativejustice requires the active participationof everyone
affected by the "criminalact." The main vehicle used in restor-
ative justice is the techniquecommonly referredto as alternative
disputeresolution(ADR). In the criminaljustice system, the for-
mal mechanismof thejudiciaryis utilized,andthe primaryfocus is
JOURNALOF BLACKSTUDIES, Vol. 37 No. 2, November 2006 299-319
DOI: 10.1177/0021934705277497
© 2006 Sage Publications

299
300 JOURNALOF BLACK STUDIES/ NOVEMBER2006

to determinethe guilt (or nonguilt) of the defendant.The process


within the frameworkof restorativejustice is less formal, and the
primary focus is the repairing of the relationship between the
offender,the victim, and the community.
The debate within the academy and between practitionersis
whether this process can be effective in communities of color.
Umbreit and Coates (1999) and Arrigo and Schehr (1998) also
arguedthat there are serious multiculturalimplicationsand con-
cerns that must be addressedunderthe restorativejustice model.
Gavazzi(1996), Pattison(1998), and Jenkins(2004b) arguedthat
the use of culturallyspecific principles within the justice frame-
workcould benefitpeople of color andothers.In addition,because
of the disproportionatenumbersof Blacks who areeitheroffenders
or victims of crime or delinquency,the importanceof a culturally
specificapproachcannotbe overstated.Jenkins(2004a) andJenkins
and Boss (2003) proposed the use of Afrocentrictheory as the
foundationwithinthe restorativejustice processas a meansof deal-
ing with Black offenders,victims, and communities.
Culturalprocesses to resolving disputeshave at theircore four
fundamentalprinciples: cosmology (worldview), axiology (val-
ues), ontology (natureof people), and epistemology (source of
knowledge). Afrocentricand Eurocentricprocesses differ in four
fundamentalprinciples(see appendix).Fromthe Eurocentricper-
spective, the dominantworldview focuses on control. Key values
of the Eurocentricperspectiveincludematerialismandindividual-
ism. Underthe Afrocentricperspective,communityratherthanthe
individualis the primaryfocus. Under the Eurocentricapproach,
people are fundamentallycompetitive, operating in a "dog-eat-
dog"world.Afrocentrictheoryemphasizescooperationratherthan
competition.Finally,individualsusing the Eurocentricperspective
derive their knowledge throughthe scientific method. The Afro-
centric perspective assumes that spiritualityprovides a primary
source of knowledge (Warfield-Coppock,1995). Jenkins(2004a)
arguedthatthe approachesto justice in the United Statesfall under
either a Eurocentricapproachor an enculturatedconcept. The
enculturatedapproachto justice would be culturally sensitive;
Jenkins/ AFROCENTRICRESTORATIVEJUSTICE 30 1

however,it fails to incorporateall of the principlesof a culturally


specific Afrocentricapproach.
Thereis a wide varietyof researchon the Gullahculture.Exten-
sive researchhas been conductedon the Gullah language and its
relationshipto WestAfricanculture(Jones-Jackson,1984; Miller,
1999; Mufwene, 1997; Pargman,2004; Wade-Lewis,2001), Gul-
lah cooking (Beoku-Betts, 1995; Sutton,2003), religious tradition
(Jones-Jackson, 1982), genetic variationsbetween West Africans
and Gullah inhabitants(Parraet al., 2001; Pollitzer, 1993), and
preservationof the culture (Brouwer, 1995; Smith, 1991). There
has been very little researchon disputeresolutionand social con-
trol strategiesin communitiesof color in the United States. The
currentstudydetermineswhetherpastandpresentinformaldispute
resolutionprocesses used in the GullahIslandsof South Carolina
utilize traditionalAfrocentricprinciples. In addition,the current
studyexploreswhetherthetechniquesareorwereconsidered"restor-
ative"in nature.

LITERATURE ON TRADITIONAL
AND NONTRADITIONAL JUSTICE

ManyancientculturesincludingmanytraditionalAfrican,Japa-
nese, Polynesiannations, and Native Americanshave used and/or
presently use a restorativejustice approach(Benham & Barton,
1996; Childs, 1998; Nielsen, 1998). This approachis popularin
Native Americanculturewherejustice is a way of life and not a
productof the ruleof law (Meyer,2002; Yazzie, 1997). The ancient
approachesto justice are the roots of the restorativejustice model
andcan be an effective means of achievingjustice andharmonyin
disjointedandchaoticcommunities(McElrea,1997). In these sys-
tems, the statetransferssome or most of its powers to the commu-
nity. In other words, the true concept of restorativejustice falls
undermanyof the "buzz"wordsthatourpoliticiansuse to arguefor
less governmentalintervention,such as communityempowerment
and the old African proverb"It takes a village to raise a child"
(McCold & Wachtel, 1997).
302 JOURNALOF BLACK STUDIES/ NOVEMBER2006

The use of traditionalforms of disputeresolutionis still present


in Africancountries,even thoughthe dominantlegal system is one
with Europeanroots (Rathbone,2000; Sarkin,2000; Stern, 1999,
2001). The approachesused were very similarto the approachof
the Kpelle tribe in Liberia (Benham & Barton, 1996). These
approachesemphasizedthateldersof the tribeorvillage mediateor
arbitratethe disputebetweenthe parties.The goal of the processin
each countrywas to restoretherelationshipbetweenthe partiesand
obtainspiritualharmonyin the community.In Nigeria,it was found
thatthe restorativejustice process retainedmany of the traditional
Afrocentricprinciplesandthecommunitywas veryactivein thepro-
cess (Elechi,1996). In SouthAfrica,theindigenouspeoplehada for-
mal legal system based on the philosophy of ubuntu(the human
spiritandhow it relatesto the communityat large).The ubuntuphi-
losophy of justice demandsthatindividualswithin thejustice sys-
tem, victims and offenders,have their humanityrestoredthrough
the legal process (Ramose, 2001). Skelton (2004) found that
ubuntuandotheraboriginalAfricanphilosophieswere the founda-
tion for the TruthandReconciliationCommission(TRC)set up in
South Africa in 1993. The TRC, serving as the foundation,led to
groundbreakingrestorativejuvenile justice legislation. Skelton
arguedthatthis approachshouldbe used in Westernnations.
Guthrie(1996), John (1991), Twining and Baird (1980), and
Moore(1980) foundthatmanyof the Gullahfolk on the Sea Islands
of South Carolinaretainedmuch of their traditionalAfrican cul-
ture. Thomas-Watkins(1993) found that social control strategies
and dispute resolution techniques incorporatedmany aspects of
traditionalAfricanculture.During and immediatelyafterslavery,
Blacks in the Gullahcommunitieswere subjectedto social control
underthe auspices of the Protestantchurch(Washington,1994).
The currentstudy expands on this to determineto what extent
the process is restorativein natureandwhetherAfrocentricprinci-
ples are followed.
These strategies are viewed as alternativeapproachesin the
United States. Americanstend to believe thatthe use of the law is
the best way to deal with all social problems,especially crime and
delinquency(Elikann, 1996). The belief is that without law, the
Jenkins/ AFROCENTRICRESTORATIVEJUSTICE 303

people would not controlthemselves,anda stateof anarchywould


exist (Hasnas,1995). Restorativejustice moves awayfromthe state
as the primaryactorin dealingwith crime.This is a movementthat
many other countrieshave initiatedto deal with crime and delin-
quency issues (Baird& Samuels, 1996; Benham& Barton, 1996;
McElrea, 1997; Rathbone, 2000; Sarkin, 2000; Skelton, 2004;
Stern,1999). However,the UnitedStateshas been slow in adopting
this approachand has continuedto be more punitivetowardjuve-
nile offenders (Baird & Samuels, 1996). The state's objective
seems to be the emphasis on the maintainingof "law and order"
ratherthanthe seekingof justicefor the offender,the victim,andthe
community.

The reason why the myth of the rule of law has survivedfor 100
years despite the knowledge of its falsity is thatit is too valuablea
tool to relinquish.The mythof impersonalgovernmentis simplythe
mosteffectivemeansof social controlavailableto the state.(Hasnas,
1995, p. 219)

The Eurocentricparadigmassumesthatthe state(underthe rule


of law) ratherthanthe communitycarriestheresponsibilityof deal-
ing with crime and othersocial problems.This approach,which is
derivedfrom English common law, uses the state as the primary
agent in dealing with the behavior of individuals, treatmentof
offenders,andcompensation(if any) of victims. The communityis
subordinateto the needs of the victim andthe rightsof the defend-
ant underthis concept.
This Eurocentricapproachto dealing with crime in society has
its rootsin the valueof individualism(Nunn, 1997). This ultimately
means the individualis responsiblefor his or her actions, the sys-
tem mustreformthe individual,or the individualmustcompensate
anotherindividual.Also importantis the assumptionthatthe voice
of the community(in this case, the Black community)is the same
as the voice and values of the state. In addition,undermost Euro-
centriclegal paradigms,the rule of law trumpsthe concept of jus-
tice. Theprimarygoal remainssocial controlandpunishmentof the
individualwho violates the statute(Nunn, 1997).
304 JOURNALOF BLACK STUDIES/ NOVEMBER2006

This approachhas causedmistrustof the criminaljustice system


by manyBlacks. The recenteventscoveredby the mainstreamand
popularmedia, includingthe O. J. Simpson trial,the Susan Smith
situationin SouthCarolina,the CharlesStuartfiasco in Boston, and
the Rodney King trials,have highlightedthe mistrustof the crimi-
naljustice systemby Blacks. As a result,this approachhas led to a
call by some legal scholarsfor Blacks to rejectthe legal system in
certainsituationsand nullify the law (Butler, 1995). The use of a
restorativejustice process, grounded in Afrocentric principles,
could reduce not only crime and delinquencybut also the appre-
hension many Blacks have aboutthe political and legal systems.

METHOD

The currentstudyinvestigatesGullahADR using folknography


(Jarrett& Lucas, 2002). Folknographyis similar to ethnography
because of the philosophical commitmentto investigate cultural
norms,values,beliefs, practices,andartifactsandthe connectionof
these aspectsof cultureto the wider social "wayof life."However,
"Folknographypromotesa conscious decision to investigatesocial
realityfrom the subjectiveperspectiveof particularfolk (Jarrett&
Lucas,2002, p. 13). Therewereinterviewswithkey informantsand
focus groups (set up with and through South Carolina Coastal
CommunityDevelopmentCorporation).Duringa 1-monthperiod,
33 past and currentresidents of the Gullah Islands were inter-
viewed. The ages of the respondentsrangedfrom 15 years to 89
years. Therewere 20 female and 13 male respondents.
As with all ethnographies,thereareobstaclesandmethodologi-
cal issues thatmustbe addressed(Beoku-Betts,1994). Manytimes,
being an outsidercan be a hindrancein ethnographicresearch.The
outsiderhas no sharedculturalnormsand may be unfamiliarwith
culturalinterpretation(Beoku-Betts,1994). As a researcherfroma
northernuniversity,I do have an outsiderstatus.I was awareof that
statusand knew thatthe Gullahinhabitantswould perceiveme as
anoutsider.However,my inside statusof being Black anda descen-
dant of the Gullahs allowed me access to the community.I was
Jenkins/ AFROCENTRICRESTORATIVEJUSTICE 305

awareandunderstoodmuchof the languageandthe culture.Eating


seafood, grits,okra,andgoat was a normin my family.In addition,
I spent many weeks each year of my life visiting relatives and
friendsall throughoutSouthCarolina.Much of the time duringthe
currentstudywas simplyused to socialize andtalkaboutthe pastin
South Carolina.This socialization led to my obtaining valuable
insight into the Gullahresidents'perceptionof social control and
conflict resolutionon the Sea Islands.
Schreiber(2000) arguedthat an Afrocentricmethod should be
used for interculturalresearch.Although this researchcould be
consideredintracultural,the use of strategiesand methodologies
rooted in Afrocentrismwere employed. The primaryfoci of the
researchwere the views of the Gullahinhabitants,andtherewas an
attemptto view the world throughthe lens of the Gullah.In other
words,realitywas viewedthrougha "non-European" lens (Schreiber,
2000, p. 656). This active researchstrategyreducedthe distance
between the researcherand participant.
Archivalresearchwas conductedat the Penn Center,St. Helena
Island,and the AveryResearchCenterfor AfricanAmericanHis-
tory and Culture,the College of Charleston.These methods gave
me a clearandin-depthunderstandingof the ADR techniquesused
in the past and the presentby Gullahfolk.
The Born in Slavery: Slave NarrativesFromthe Federal Writ-
ers 'Project,1936-1938 were examined.These narrativeswerecol-
lected in the 1930s as part of the FederalWriters'Projectof the
WorksProgressAdministration(WPA)and assembledandmicro-
filmed in 1941 as the 17-volume Slave Narratives:A FolkHistory
of Slavery in the United States From Interviews With Former
Slaves. The narrativesof former slaves from the Gullah vicinity
were analyzedandexaminedfor informationaboutthe secularand
religious responsesto conflict.

THE GULLAH COMMUNITY AND CULTURE

The geographic area of the Gullah Islands stretchesfrom the


southernpartof NorthCarolinadown throughSouthCarolinaand
306 JOURNALOF BLACK STUDIES/ NOVEMBER2006

Georgia to northernFlorida and extends 30 miles inland. This


researchwas conductedon the islandsnearBeaufort,SouthCarolina,
in the extremesoutheastcornerof the state.
Duringthe beginning of the U.S. Civil War,plantationowners
abandonedthe land along with their slaves. After the "Big Shoot"
in Novemberof 1861, northernmilitaryoccupationof the South
CarolinaSea Islands and the area of Beaufort, South Carolina,
began. The northernerswere confrontedby "a peculiar people"
who were pureblack andhad a strangeway of speakingand a for-
eign culture(Washington,1994). The Blacks on these islandswere
used as labor,supervisedby the U. S. TreasuryDepartment,andthe
fruitsof the laborwereused for the Union warefforts.Even though
therewas apprehensionamongnorthernpolicy makersthatthe ex-
slaves would not succeed as free laborers,the Gullah inhabitants
were given wages and a possibility of purchasingthe land on the
islands afterthe war.

W'enYankeebeencomede BluntsleabBeaufort,andI walkout


houseandgo backto ParriIslandt.De yankeetell we to go en
Buckracornhouseandgetw'atwe wantforeat.DenI comebackto
Beaufortandgot to wukin cottonhouse(gin).De Yankeepaywe
forwukandI tekmy moneyandbuytwentyacreob landon Parri
Islandt(Martin,1941,Project#1655,p. 280).

In addition,the Union used many of the male inhabitantsof the


island in the first Black Union regiment,the First South Carolina
Volunteers(Washington,1994).
Duringthe early 19th century,some of the slaves in the Gullah
vicinity were introducedto Christianity.Therewas majorconflict
betweenthe MethodistandBaptistslaveholderson which denomi-
nationshouldbe introducedto the slaves. The Methodistswerepri-
marilyblamedfor the slaverevoltsthatoccurredon the mainlandas
well as the 1822 DenmarkVesey conspiracythatoccurredclose to
the Sea Islands.The Baptist,the dominantreligious culturein the
Gullahvicinity,refusedto "Christianize"the Gullahpeople. How-
ever,after1845, the Baptistslave ownersallowedbaptismandwor-
ship on a large scale. The Baptist slaveowners,using Presbyterian
andEpiscopalianliteraturethatportraysJesus as a docile, humble,
Jenkins/ AFROCENTRICRESTORATIVEJUSTICE 307

andobedientservantof God,used religionas a meansto controlthe


slaves. The slaves were attractedto the Baptist denomination
because the slavemasterswould allow the Gullahsto worshipwith
little or no Whitesupervision.This allowedthe Gullahsto incorpo-
ratemanytraditionalAfricancustomsandritualsin theirChristian
worship.In addition,religion servedas a foundationfor the social
structurein the Gullahcommunity.

asa meetin'housein whichwen'usedto meetin's


Ontheplantation
everyChusedaynight,Wednesday night,an'Thursdaynight.. . .
Colludpeoplehadnopreacher butdeyhadleader.Everyslavego to
churchon Sunday'causedeydidn'thaveanyworkto doforMassa.
Mygrandma useto teachcatekisman'howto sing(Mobley,1941,
#935,
Project pp. 88-89).

The leadersin the Black churchwould also be in chargeof planta-


tion disciplineandsocial control.Eventhoughthis structureserved
the masterwell, the use of religion andthe structureof the worship
served the slave communityas well. The slaves accepted certain
aspectsof Christianitythatwererelevantandrejectedothers.Some
of the traditionalAfrican spiritualbeliefs were similarto those of
Christianity.The structureallowed for the Gullah communityto
incorporatefolkways and mores, some based in Christianity,to
have a cohesive andproductivecommunity.The religious leaders,
or elders, were viewed as the leadersof the slave communitieson
the islands, taking away some of the power from the "drivers"
(Black overseers)on the plantation(Washington,1994).
At the end of the Civil War,the praisehouses becamethe center
of the Gullahcommunity.Using the scripturesandothertraditional
Africanfolkways as the law and the PraiseHouse as the location,
elders came up with creativeways to deal with social wrongs. For
example,duringslavery,stealingfrom a fellow Black was consid-
ered a breachof the sacredtrust.This law was groundedin Chris-
tianity (thou shalt not steal) and traditionalAfrican customs. To
gain reentryinto the community,the sinner,througha ritualthat
combines the sacred and secular,must pick up a benne (sesame)
seed with his nose (Washington,1994). When slaveryended,most
social wrongs within the community were dealt with by these
308 JOURNALOF BLACK STUDIES/ NOVEMBER2006

praise houses (Thomas-Watkins,1993; Washington, 1994). The


primaryrole of the PraiseHouse was to keep the communityfunc-
tioning. Although Christianityserved as much of the foundation,
researchin the 1940s showed thatthe Gullahculture'sconcept of
community and its importancewas distinct from the concept of
communityin otherplaces. It was found thatthe Gullahsretained
much of the community concept and many of the customs from
West Africa (Bascom, 1941).
Throughoutthe first half of the 20th century,the praisehouses
were used as the community'spolitical, social, andjudicial center.
Membersof the communitygainedmembershipthrough"catching
sense"andbecoming a memberof the PraiseHouse andobtaining
full membershipinto the community.Reconciliation,ratherthan
punishment,was the objectiveof the communitygrievanceprocess
(Guthrie, 1997; Washington, 1994). Very few complaints were
taken to the authorities outside of the Gullah community. In
fact, inhabitantsof the island who took mattersto the authorities
were viewed with scorn and many times were banishedfrom the
community.
In the 1950s, bridgesbetweenthe Islandsandthe mainlandwere
built.This allowedfor easieraccess to the GullahIslandsandeven-
tually the takeoverof islands such as Hilton Head by real estate
developers.The role andfunctionsof thepraisehouses weredimin-
ished to a point wherethereareonly two activepraisehouses on St.
HelenaIslandtoday.The Gullahcommunityon the islandhas been
incorporatedinto greaterBeaufort County. Today, the political,
social, and legal structureof the communityis similar to that of
other counties in South Carolina.However,there are groups and
coalitions thatare attemptingto revive and retainmany aspects of
Gullahculture.

PRELIMINARY FINDINGS

Literatureandinterviewsmadeit clearthatin the pasttherewere


two distinctforms of justice on the GullahIslands:"justlaw" and
"unjustlaw" (Campbell,2002; Thomas-Watkins,1993). The just
Jenkins/ AFROCENTRICRESTORATIVEJUSTICE 309

law is the law of the churchwhere rules within the Bible dictate
whetherthere is a violation and what form of punishmentwould
take place for the violation. This form of justice evolved from the
justice systems that were a part of West Coast African culture
(Coleman,1997; Johnson,Jang,Li, & Larson,2000). Throughthe
decades after slavery,this informalprocess of dispute resolution
was made formalthroughthe churchesand praise houses located
throughoutthe GullahIslands(interviewsof olderresidentson St.
Helena Island).However,with the informaluse and the more for-
mal use of just law withinthe churchsystem,therewas no involve-
ment of the state.The just law is an approachthatis restorativein
nature.Accordingto all of the older respondents,the community
helped raise the childrenon St. Helena Islanduntil the recentpast.
Accordingto one respondentage 55 years,

Everyoneheretriedto raiseme. WhenI got intotrouble,I got a


whuppinfrommyneighborsandthenanotheronefrommyparents
whenI got homeif I did anythingwrong.Afterthatthe Deacon
wouldprobablywhupme andthengive me a sermonaboutmy
behavior.

Accordingto many of the older respondents,the churchis still


an importantpartof the community.However,one shouldseparate
the conceptof spiritualityfrom the concept of religion. According
to one respondent,a long-timeresidentof St. HelenaIsland,"Spiri-
tuality representsyour personal relationshipwith God" and the
churchis "simplya place to fellowship."As people, we allowedfor
the "Whiteman to keep the land and we kept the Bible."Another
respondent,also a long-time residentof St. Helena Island, stated,
"Weas Black people arevery spiritual,howeverwe mustbe careful
The respondentadded"theKKKare
with the idea of Christianity."
Christians,Bush is Christianand the Christianagenda is not the
agendain our community."For example, "Abortionwas andis not
an issue in the Gullahcommunity.If thereis a problem,the family
or a residentin the communitywould adoptthe child informally."
Thisrespondentbelievedthat"itis up to community,ratherthanthe
church,to take the lead in the move for social change."Notwith-
standingthe issue of the importanceof religion, spiritualitywas
310 JOURNALOF BLACK STUDIES/ NOVEMBER2006

and still is an integralpartof Gullahculture.Meetings,meals, and


othergatheringsI attendedalways commencedwith a prayeror a
momentof silence thatnot only referredto God but also maderef-
erences to either the community or the Gullah ancestors. This
spiritualityleads to a sense of community.One male respondent
age 61 years stated,

TrueGullahpeople arevery spiritual.You see a lot of them smiling


cause they are in good stead with God. As long as you don't touch
them, cause if you do you might see the devil come out. We are
really strong,family people. Communityis strongerthanthe indi-
vidual.If a personis in need, you help them.Youdon't let themstay
in need.

Unjust Law is the formal law of the state that is groundedin


Eurocentricprinciples.According to all of the older respondents
(older than age 50 years), St. Helena Island and other Sea Islands
beganto rely on this formof justice afterthe buildingof the bridge
fromthe mainlandto the island.Accordingto one respondent,"the
problemshereon the island [St. HelenaIsland]andourrelianceon
the White man's law did not occur until afterintegration."Priorto
integration,the islands were a very homogenous culture,and the
communitywas relativelypeaceful. Accordingto anotherrespon-
dent, "there were minor problems like stealing, drinking, and
fights, butthe communityor the praisehouses dealtwith the prob-
lem."Even afterintegration,minorinfractionswere dealt with by
the community.In fact, nearone of the interviewsites was a build-
ing thatwas used as a jail by the community(and not the state)to
hold some offendersuntil they could meet with the elders of the
PraiseHouse for these types of infractions.
Even though many of the respondents older than 30 years
respectedthe unjustlaw, therewas still a distrustof it by the resi-
dents. One male, older than age 50 years, from a county near the
island summedup the sentimentsof most of them:

Our [Black people] reliance on the government as caused as to stop


trusting one another. This is the issue ... we need to change some of
the laws. Also we need to take some power back. The Geechies
Jenkins/ AFROCENTRICRESTORATIVEJUSTICE 3 11

knew.We knew how to it here in DorchesterCountytoo. We gotta


watch our kids. Can't watch them 24/7. All of us have a duty to
watchthem. We gotta get back to our culture,stop letting dem rich
people muckit up. Whitefolk andothersaretryingto get us outtaof
the culture, telling us how bad it is. That's why we [family and
neighbors]still watch out for each other.

Anotherresident(femaleolderthan40 years)statedthat"we [Afri-


can Americans]are the only culturethat allows the enemy [White
Americans]to educateus."The respondentcontinued:

Takefor exampletheJewishculture,everyholidayandeventis used


to teach the younger folks abouttheir culture.Thatincludes all of
the trials and tribulations.We as a people don't do that. We don't
teach our childrenour history.This teaching adds to the sense of
community.. . . It's like we are ashamed of our culture. We are
ashamedto talk aboutour enslavement.It is like we arethe oppres-
sors, the ones that should be ashamed.That takes away from our
sense of community.

One of the majorissues broughtforthby manyof the olderresi-


dentswas the integrationof the publicschools. The schools, in con-
junction with the community,not only educatedthe young people
abouttheirpast andthe importanceof Africanculturebut also cre-
ated an environmentthat was the foundationof a sound commu-
nity.In the past, de jure segregationforcedpeople on the islandsto
work togetheron all levels. In the segregatedschools, there were
childrenfromall socioeconomicbackgrounds.The commonfactor
thatunitedthem as a school and communitywas the color of their
skin.Manyof the olderrespondentson the islandandones residing
in counties near the islands had the sentiments of this island
resident(female, age 51 years):

Everyonein school looked like me. Whathappensto me, happened


to othersin my classes. We had a lot of bad thingsgoing on, butwe
all stuck together.Didn't matterif you were the kid of a doctor,
sharecropper,orjanitor,we were all the same.The teachersgave all
of us a sense of self. Thatsense of self helped us deal with internal-
ized racism. That is what is needed today. I am an optimist, and I
thinkwe as a Black communitycan do it. Withall of the bad about
3 12 JOURNALOF BLACK STUDIES/ NOVEMBER2006

segregation,thatwas andshouldstill be todaythe outcomethat


shouldoccur.Weneedto go backto howit wasin thosedays.

Disputes on the islands were handledthroughan informalpro-


cess thatusedjust laws as the foundation.The primarygoals of just
law were reparationsfor the harmedparty,communitypeace, and
an assurancethat individualswould follow either churchor com-
munity norms. The benne-seed ritual is an example of a process
whereoffenderswould be restoredto theirplace in the churchand/
or society aftergoing throughspirituallybased counseling, some
form of ritual and/or material or nonmaterialreparationto the
aggrievedparty.This approachis clearly one that falls underthe
restorativejustice paradigm.Althoughthis formalprocess is rare,
therewere manyexamplesof an informalprocess thatwas used in
recent times on the island. For example, there was an accidental
killing of a Gullahby a Gullahon the island 2 or 3 years ago. The
victim's family did not take the offenderto civil court. During a
communitycoalition meeting, the event was broughtup. Accord-
ing to therespondenttelling the story,the offenderwas chastisedby
many in meeting for being drunkat the time of the incident. The
offender was an economically challenged individualand was an
individualthatdid not verballyexpresshis feelings well. However,
each monthafterthe meeting, a basketof food has been left at the
home of the victim's family. In addition,the offender,victim, and
the restof the communityarepresentlyliving in harmony.Another
respondent,olderthan40 yearsold, spokeof the processon Wassau
Island. Even though the praise houses are gone (only two active
ones arein the St. HelenaIslandvicinity), this small communityof
Gullah people still conducts community meetings to deal with
issues andproblemsthatmay arise.The process used in this com-
munitywas similarto the one used by the praisehouses in the past.
However,the meeting has no leader or facilitator.To the respon-
dent, who lives on anotherisland,the process seems wild andcha-
otic. They deal with the issue by arguingback andforthin a "man-
nerthatwould seem insaneto an outsider."The residentsall have a
say on the issue, andusuallythereis a positiveresolution."Thenext
day, the folks get togetherlike nothingwent on."
Jenkins/ AFROCENTRICRESTORATIVEJUSTICE 3 13

The Praise House process, and the process used on Wassau


Island,focused on the restorationof the victim andoffender.How-
ever, especially in the past, the dominanttheme and primarygoal
was to ensurethe communitywas functionalandharmonious.The
organizationand coalitions on St. Helena Island are promotinga
community-basedthemefor adultsandespeciallythe young inhab-
itantson the island.
According to younger (ages 15 to 18 years) respondents,the
only accepted approachto resolve disputes today falls within the
guidelinesof unjustlaw.Youngpeople on the islandsknownothing
or very little aboutGullahcultureand the disputeresolutiontech-
niques withinthe old culture.Of the six teenagerespondents,only
one statedthathe would live on the islandas an adult.However,the
organizationsinvolved in the research have programsto teach
young people aboutthe Gullahculture.
The young residentson the island were awareof how extreme
individualisticbehaviorcan lead to social problems,delinquency,
andcrime.Therespondentsspokeof violencethatoccurredbecause
one personor groupfelt thatthey were "better"thanthe otherper-
son or group.They also felt thatthe primarygoal of educationand
life in generalwas to "makemoney"for themselves. As with cul-
turein generaland specifically Black culturein the United States,
popularculturehas a profoundimpacton the attitudesandbehavior
of young Gullah residents. However, each of the respondents
wantedthe "older"membersof the communityto help guide them.
Eachrespondentknew of the importanceof community,andin this
case, each of them felt that the church was an excellent support
system.
Even though most of the young people interviewedstatedthat
they may leave the island for betteropportunities,all of the young
people possessed a workingknowledgeof the importanceof com-
munity.Throughoral traditionsand other educationalstrategies,
groupson the island areteachingyoung people abouttheirGullah
"roots."
314 JOURNALOF BLACK STUDIES/ NOVEMBER2006

CONCLUSION

PreliminaryfindingsindicatethatpastGullahdisputeresolution
tacticsfallwithintheparameters of restorative
justiceandAfrocentric
principles. The process was rooted in traditionalAfrican culture
and was widely used throughoutthe islands on the southeastern
United States coast by descendants of slaves. In addition, the
axiology,ontology,andepistemologyof the Gullahsystemwere in
line with Afrocentricprinciples. It is unclear whether all parties
(cosmology) were involved in the process because in the Praise
House approach,churchelders,and/ordeaconsdominatedthe pro-
cess. As with society in general,femalesheld very few positionsof
leadershipin the religious communityon the island. The church
was the focal point of the communityin the past. The churchhas
been and in many cases still is the main informal social control
mechanismin the Black community(Johnsonet al., 2000). How-
ever, it is possible for anotherformal or informal (i.e., Wassau
Island) organizationor institutionto lead the process. It appears
that segregationlaws and policies forced membersof the Gullah
community to rely on non-Eurocentricmeans of survival in the
past.Currentde facto segregationandinstitutionalracismcould be
the impetus to go back to communityrestorativejustice. Kruger
(2004) researcheda communityin the MissouriOzarkscomposed
of individualsof Europeandescent.Krugerfoundthatmembersin
this communityused restorativejustice as a means to maintaina
healthy environmentand a communal foundation. Many of the
principlesof this communityare in line with Afrocentrictheory.
Furtherresearchin the GullahIslandsand locationsthroughout
the African diaspora,including other predominatelyBlack cities
and towns in the United States, is needed to determinethe preva-
lence of restorativejustice processes that incorporateAfrocentric
principles.This researchcould lead to more activeparticipationof
Blacks and other disenfranchisedgroups to the restorativejustice
movement.Researchcould also lead to a move to help retainthe
Gullahculture.Gullahcultureincorporatesmore thanthe focus of
the research.As one respondentstated,
Jenkins/ AFROCENTRICRESTORATIVEJUSTICE 3 15

Gullah is a way of life. One must live and eat right. You must
rememberthe pastandhavea relationshipwith God Some years
back a White lady moved here from the North, New YorkI think,
could've been D.C. She kept saying she was Gullah.I used to laugh
when she said it. She kepttryingto talk, eat, and act like us. After a
while, Ijust gave in andsaid she was. AfterlookingbackI see she is.
She incorporatedGullahinto her life and now she is Gullah.

Afrocentricrestorativejustice is not the panaceato social prob-


lems. Other restorative approaches could be effective in com-
munities of color. However,restorativejustice, using Afrocentric
theory as the foundation,could be an alternateprocess when other
approachesfail. In addition,furtherresearchis neededto determine
the influence of Native Americancultureon the Gullahand other
Blacks. These and other questions need to be addressedthrough
furtherresearch.However,the recognitionof the Afrocentricthe-
ory by individualsin the restorativejustice movementwill lead to
its incorporationwithinthe restorativejustice paradigmandinitia-
tion into communitiesof color.
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Jenkins/ AFROCENTRICRESTORATIVEJUSTICE 317

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Morris Jenkins is an assistant professor of criminaljustice at the Universityof


Toledo.He receivedhis JDfrom StetsonUniversityCollegeof law and his PhDfrom
NortheasternUniversity.He has published articles on Afrocentricrestorativejus-
tice,jury nullification,and social justice.

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