Chapter Three Flashcards
Define Kinship Group
A group of immediate family that raised Aboriginal children and taught them key Aboriginal values.
Define Customary Law
The law of any Aboriginal tribe was based on social custom and also dictated how one must act.
Define Terra Nullius
The concept a section of land is unused or unowned and can therefore be justifiably colonised, which was applied to Australia as justification for British settlement.
Define Penal Colony
A colony which consisted of two distinct social groups, prisoners and those military personal responsible for watching over those prisoners.
Define Secondary Punishment
Places such as Port Arthur or Norfolk Islands where prisoners were held in strictly miserable conditions.
Defined Assigned Convicts
Convicts that could choose to work under a private owner.
Define Ticket of Leave
Conditions that gave convicts the right to earn an independent living.
Define Emancipists
Were ex-convicts who had earned their freedom and now wished to live in Australia.
Define Free Immigrants
Were people who immigrated to Australia to sort wealth and opportunity mainly in its agricultural business.
Define Legislative Council
A small group of wealthy landowners that advised the governor of NSW.
Define Self-Government
The right of Australian colonies to govern themselves.
Define Eureka Stockade
A violent protest made by ‘diggers’ in the NSW goldfields in 1964. Mainly in defiance of the expensive mining licences
Explain how law operated in Aboriginal society
The law in Aboriginal society operated differently between each kinship or hunting and gathering group. Dreamtime stories told in the group embodied the social values of a kinship and these social values were expected to be followed as a form of law. Violations of these values were split into two categories, private and public wrongs. Public wrongs such as breach of sacred law, incest or murder by magic were settled by the entire group, mainly the group elders. Private wrongs such as assault, theft or murder were settled by those involved. Sanctions for any breach of the law were determined by the group elders and could include torture, execution or supernatural punishments. Among the worst were shaming and group exile since it was a very tight knit group.
What are the four main features of a Westminster Democracy?
Firstly, the government is a constitutional monarchy, that is the head of state is the Queen but must act on the advice of politicians. Secondly, there exists a bicameral parliament of two houses in which the lower of the two houses forms government from whomever has attained the most amount of seats. Thirdly, an opposition group with the second most majority in the lower house is permitted to actively debate and challenge the ruling party. Finally, the party that forms government must elect a number of ministers with specific portfolios that are held accountable by the lower house.
Explain how an independent judiciary and adversarial law are key features of the Westminster system of government.
An independent judiciary must exist in order to ensure that politicians cannot have any influence over the judiciary and are therefore treated equally in the eyes of the law. Adversarial law further protects this right by ensuring the all court case get treated the same. Undergoing the practice of Adversarial law, both sides of an argument in court will be aptly represented and heard in court and then a judge will decide which argument is the most lawful.
