Aboriginal & Torres Strait Islander Customary Laws Flashcards
Customary Laws
Laws which have developed over time to regulate a society
What is the basis of ATSI law?
The Dreaming
Why is land ownership not a feature of ATSI people’s culture?
They consider themselves custodians rather than owners of the land
What does ‘The Dreaming’ mean?
“To see and understand the law”
What is the kinship system?
A feature of Aboriginal social organisation and family relationships
What areas does kinship cover?
everyday behaviour and social interactions
regulation of marriage
politeness & respect
obligations
restrictions on behaviour
elders: (older men & women of recognised wisdom & authority - they are keepers of traditional knowledge)
How is ATSI customary law passed on?
ATSI peoples customary laws are passed on from generation to generation through the telling of stories, ritual and ceremony
What is a corroboree?
A corroboree is an Aboriginal ceremony which includes the telling of dreamtime stories
They are sacred & secret gatherings where the laws are passed on to the appropriate people
What is the major form of dispute resolution used by ATSI peoples?
Mediation, where the elders of the tribe meet with the disputing parties and attempt to settle the issue through discussion
What is the common goal of Indigenous punishment?
Retribution
Who can impose the punishment?
They can be imposed by relatives of the person wronged or by the Elders if a sacred law was breached
What are examples of common punishments?
shaming or public ridicule
spearing
duelling (individual or collective)
death
exile
What is a similarity between ATSI customary law and common law?
The use of mediation
How have been ATSI customary laws been taken into account under common law?
Sentencing: Courts have taken ATSI customary laws into account when considering factors that could mitigate a sentence
Circle Sentencing: Magistrate, community members and offender sit in circle to discuss the offence and determine an appropriate punishment
Hunting & Fishing: Exemptions from national park restrictions and various state licensing provisions
Adoption: Not considered suitable for Aboriginal foster children, a last resort
Native Title: Recognised via Mabo decision in 1992
