This website uses cookies to ensure you have the best experience. Learn more

Customary Law And The Status Of Indigenous Australian’s

1273 words - 6 pages

It is important to always show respect towards the indigenous, acknowledge their laws, their practices and their customs further paying respects to the original custodians of the land. This however does not mean that recognition of aboriginal customary law is essential to improving the status (social position) of indigenous Australians; on the contrary it poses more problems than solutions. Although law is seen as the fabric of existence and intrinsic to living, it is impossible to judge one legal system in terms of another. As such, while there are many positive aspects of aboriginal customary law, which is merely just different and in no means (worse) or (better) than English common law, its enforcement is not essential to improving the status of indigenous Australian’s in society. Many other legal and non-legal remedies have sought and provided better support and status for the indigenous community.

Aboriginal customary law emphasises harmony, entwines the land and the people and ensures surviving. It looks towards the needs of the tribe much like the common law looks towards the needs of society and uses that as the basis for its decisions. However unlike common law, aboriginal customary law is unwritten, unchanging and can vary between the many different indigenous tribes – “there are over 500 indigenous nations in Australia with different cultures, languages and needs”. Consequently, due to the wide spread vast amount of indigenous nations, it would be merely impossible to add just one set of aboriginal customary laws and that one set would have to remain unchanged leaving no room for reform in order to aid the community when scrutiny over the matter occurs. The customary law is also unrecorded and would become difficult to uphold, inform and enforce. Furthermore an enactment of one tribe’s customary law would disadvantage other tribes, leading to not only a discrimination to one but also the chance the other indigenous tribes would remain inferior in status. Although it is important to cherish and make efforts to understand customary law, in this sense recognition of the “elaborate system” would not only bring about no change in aboriginal status but lead to a possibility of a variety of other negative effects.

Moreover, the ability to determine which laws are in affect with which Indigenous and non-indigenous Australian’s becomes limited and the issue falls to public disapproval. Due to the unwritten nature of aboriginal customary law confusion would arise as to who must/can abide by certain customary laws and punishments for those who disobey. An injustice would then occur when distinguishing which indigenous Australian’s receive the blanket of customary law and whether or not it extends to half casts and if so, to whom does it extend. This general confusion would create not only laws that are un-easy to follow but would also create many general misinterpretations of the law and could lead to further racism attitudes. ...

Find Another Essay On Customary Law and the Status of Indigenous Australian’s

Representation of the Indigenous Essay

2885 words - 12 pages concepts created in the modern society. However, the reality of racism and the cultural destruction is real for the indigenous people. Whether or not these people have encountered ideologies or beliefs they are painted as enemies without even being conscious of their status. Flaherty paints this type of hegemony by depicting Nanook as a Savage knowing willfully he was more complex and adept than he depicts. The raiders approach seems to be racist

The Effectiveness of the Law in Achieving Justice for Indigenous People

4305 words - 17 pages ’ which made a number of recommendations in regard to the relevence of customary law in criminal proceedings. The ALRC recommended that legislation be passed to allow indigenous Australians who are knowledgable in customary laws and traditions to give evidence on them to be used as evidence in court. The Commission's report on Aboriginal customary law has been widely recognised as an authoritative and comprehensive work on

The Changing Roles and Status of Women

1060 words - 4 pages The Changing Roles and Status of Women In 1903 the suffragette movement was born with the formation of the Women's Social and Political Union (WPSU) by Emmeline Pankhurst and her two daughters Christabel and Sylvia. At first the newly formed suffragettes relied on spreading propaganda to gain support. However, on the 18th October 1905 they gained considerable unplanned publicity when Christabel Pankhurst and

The History and Current Status of Kenya

1238 words - 5 pages INTRODUCTION: Kenya is a state in the great lakes region of east Africa; it is bordered by Somalia, Tanzania, Uganda, south Sudan and Ethiopia to the north. It has a population of 43.18 million people. Kenya’s economy is market-based, with few state owned enterprises and maintains a liberal trading system. Its GDP is at $40.70 billion and has a GDP growth of 4.6% as per 2012, with an inflation rate of 9.4%. Kenya is seen to have a well

The Effects of Imagined Intergroup Contact on Australian’s Attitudes towards Cultural Outgroups

1908 words - 8 pages Australian’s outgroup attitudes towards Arab and Aboriginal individuals. Two variables were measured, one was ingroup identification, as the degree to which participants identify with their ingroup, was measured by ingroup identification scale (IIS) before imagined contact, another was outgroup anxiety as the negative attitudes towards minorities was measured by intergroup questionnaire (IGQ) after manipulation. Based on findings of Turner, Crisp

Integration of Indigenous Knowledge and the Physical Sciences

3871 words - 15 pages in the loss of valuable Aboriginal knowledge; the cornerstone of cultural identity of indigenous peoples.In the wake of the broken links between Indigenous Knowledge and its people, Indigenous Knowledge has become more widely recognized outside the communities where traditionally the knowledge has been in use. While it is only in recent times that Western scientists have become concerned with environmental issues, being responsible and caring for

Indigenous Australian Aboriginals and the Colony of Britain.

1062 words - 5 pages Indigenous Australians are believed to have arrived onto Australian mainlands across the sea of from Maritime, Southeast Asia 40,000 –70,000 years ago. In 1606 was the first known landing within Australia by Europeans by a Dutch navigator named Willem Janszoon. During the 17th century other Dutch navigators explored the western and southern coasts of Australia, numerous European explorers followed, however, in 1770 Lieutenant James Cook explored

Indigenous and Global Feminist Perspectives on the Women of Chiapas

4165 words - 17 pages Indigenous and Global Feminist Perspectives on the Women of Chiapas Women's reproductive health is a debated and complex issue in today's society. Nowhere is its severity more prevalent than in areas of extreme poverty such as south and Central America. The resolution to these problems is far from simple. Yet, women are increasingly taking control of their lives and forming groups to combat many of the prejudices that hold them back. However

The Health of Indigenous Australians

2343 words - 9 pages -determination and “the emergence of Indigenous protest” (Psychology and Indigenous Australians, Foundations of Cultural Competence, 2009, pp.84) as well as the limiting factors of being part of a low socioeconomic status group and statistical health differences between Indigenous Australians and non-Indigenous Australians compared to other countries Indigenous and non-Indigenous populations. By encompassing all of these details, we can begin to establish

Indigenous Religions of the World

1573 words - 6 pages Indigenous religions exist in every climate around the world and exhibit a wide range of differences in their stories, language, customs, and views of the afterlife. Within indigenous communities, religion, social behavior, art, and music are so intertwined that their religion is a significant part of their culture and virtually inseparable from it. These religions originally developed and thrived in isolation from one another and are some of

The Land occupies a distinctive time and place in the cultural experience of Australians, indigenous and non-indigenous

691 words - 3 pages The Land occupies a distinctive time and place in the cultural experience of Australians, indigenous and non-indigenous."The Land" takes up a distinguishing place in the cultural knowledge of both indigenous and non-indigenous Australians. We see this through the works of many Australian artists. Indigenous Australian artists represent their cultural knowledge of the land through a contextual range of forms and styles which contrast from the

Similar Essays

Comparison Of Characteristics And Perceptions Of The Qld Criminal Justice System, Aboriginal Customary Law And Islamic Criminal Law According To Crime And Punishment Procedures

2946 words - 12 pages 1.0 INTRODUCTIONThis report is focused on a comparison of three criminal justice systems. The model systems are the Queensland Criminal Justice System, Islamic Law and Australian Aboriginal Customary Law.Each criminal justice system model has been researched according to their Origin and Characteristics, standard and Burdon of proof, presumption of innocence, punishments for crimes committed with particularreference to retribution, deterrence

The Status Of Indigenous Health In Contemporary Australia

1412 words - 6 pages The gap in health status between Australia’s first nation people and non-indigenous Australians is a result of numerous pivotal moments in Australia’s somewhat recent history. European colonization is the foremost cause for most, if not all of the socio-economic challenges that most Aboriginal and Torres Strait Islander people would be confronted with in contemporary society. Understanding that the historical events, political policies and

Has Australian Law Adequately Protect The Health Of Indigenous People?

2245 words - 9 pages in the early 1900s as every states passed law to protect Aborigines’ rights (History of the Aborigines n.d.). In 1962, Electoral Act (Section 41) was amended to give those Aborigines their right to vote. Furthermore, in order to reduce racial discrimination towards indigenous community, 1967 Referendum was hold in which Section 51(xxvi) was amended and Section 127 was repealed (Bailey 2008). 1967 has become the landmark as indigenous affair

Indigenous Development In Canada: Indigenous Knowledge Systems And Their Inherent Connection To The Health And Wellbeing Of Indigenous Peoples

1886 words - 8 pages status quo, and where people sit along the continuum. Aboriginal people rarely have access to what they are entitled too. This is important, as development should, ultimately be brought back to indigenous people who should be consulted, accommodated and compensated for the loss of land that they have faced. We are fundamentally engaging in an economy, which ignores the struggles of the people who are least developed. And if we do not change the