First Nation People's customary laws

Question 1

spiritual basis –> significance of land & water

Answer 1

● The dreaming laws differ between different communities
● Law and religion can be closely related, as the dreaming is concerned with the treatment of the land and those who live on it
● Being a member of a group means that a person is able to live on the land and use its resources
● The land belongs to the group, and loosing the land means losing their culture and history

Question 2

family & kinship

Answer 2

Most laws relate to marriage, child rearing, religion, family and kinship under customary laws

Question 3

kinship:

Answer 3

Family relationships, including all extended family relationships; an
important part of Indigenous cultures and values, which dictate how all people

Question 4

ritual & oral traditions

Answer 4

● Laws have been passed by generation through oral tradition and ritual
● Stories, songs and dances are used to help people remember the laws of their group

Question 5

mediation & sanctions

Answer 5

● Laws have been passed by generation through oral tradition and ritual
● Stories, songs and dances are used to help people remember the laws of their group

Question 6

sanctions:

Answer 6

penalty imposed on those who break the law, usually in the form of a fine or punishment

Question 7

relevance to aus contemporary law

Answer 7

● In the past 20 years, there has been greater legal recognition of Aboriginal and Torres Strait Islanders’ rights as the traditional landholders of Australia.
● Conciliation and mediation are increasingly used to resolve disputes in criminal, consumer and employment laws

Question 8

circle sentencing

Answer 8

• Offender must plead guilty; punishments are not mild →system has many benefits for all involved
• Representatives are mainly aboriginal elders, but also members of prosecution or police and a magistrate
• Will talk about the background and effects of the offence and can involve meeting the victim
• Sentence should, where possible, involve community work

Question 9

customary law

Answer 9

Conciliation and mediation are increasingly used to resolve disputes in criminal, consumer and employment law; legislatures have been reluctant to formally incorporate customary laws into Australian law