First Nations' People's Customary Law

Question 1

Why is tradition an important aspect of Indigenous customary law?

Answer 1

Because it provides the structure for cultural norms and values within these communities, which in turn is what forms customary law.

Question 2

How does the concept of land possession work within Indigenous customary law?

Answer 2

Land is not ‘owned’ in the same way as under European law. Instead, people are custodians of the land, looking after it for future generations. This collective guardianship is a key feature of customary law.

Question 3

What is customary law?

Answer 3

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

Question 4

What is kinship?

Answer 4

Family relationships, including all extended family relationships; an important part of Aboriginal and Torres Strait Islander cultures and values, which dictate how all people in the group behave towards each other