customary law Flashcards
What is meant by the term customary law?
Principles and procedures that have developed through general usage according to the customs of a people or nation, or groups of nations, and are treated as obligatory
What are key features of aboriginal and Torres strait islander customary law?
Orally based agreement on laws throughout the whole groupkinship ties Based on rituals and tradition enforcement and sanctionsmaintenance of order The dreamingLaws were tribal Laws were a part of lifesecrecy
How did AB/TSI people see themselves in regard to the land?
They saw themselves as not possessors or owners but rather as custodians of the land for future members of their group.
What are the favoured methods of dispute for the AB/TSI people?
Consolidation and mediation
What sanctions in customary law?
Death, Social ridicule and isolation, revenge, FIghting, inquest, trials by ordeal and insulting.
What is Trial by ordeal?
The trial was held sometime after the offence. The ordeal usually consisted of the accused having blunt spears thrown at them. If the accused was speared in the thight then the matter was at an end.
How significant is land to the AB/TSI people?
Land is central to all AB/TSI cultures and forms the basis of their religious beliefs and their law and is considered to be sacred.
