Term 1 (First Nations People customary laws) Flashcards
The separate Indigenous nations developed their own laws, but there were also common aspects among groups. What are they?
- Laws are based on spirituality and closely liked to the land.
- Some offences are common to all tribes, such as insulting an elder.
- There is a very strong sense of kinship based on ‘moieties’ (fathers side) and ‘skin’ groups (mothers side) that influences and regulates behaviour with others.
The spiritual nature of Indigenous customary law is based on ‘The Dreaming’. What is this?
It explains how the land, animals, plants, and sky were created and has a very strong religious element. Due to the secrecy and cultural role played by oral history, in contrast to written documentation, it is hard to describe these laws and their links to The Dreamtime.
What are the ritual and oral traditions within Indigenous Societies?
Laws permeate into all areas of life. Most law is passed by word-of-mouth and through rituals, songs, and dances. Different people within the tribe know different laws e.g. women may know certain laws that they pass on to girls once they reach a certain age.
What is the dispute resolution process and what does it entail?
Family and community are often involved in the resolution process. Discussions or meetings may be held where the elder and other influential tribe members engage in dialogue with the people in conflict in attempt to settle a dispute. Relationships and their maintenance are important because they allow traditional law to be passed on. Mediation has an important role in dispute resolution.
What is the law enforcement process and what does it entail?
Everyone in the community plays a role in law enforcement, thus order is achieved through self-regulation and agreement among family heads. Elders provide guidance and enforce laws where necessary. Offences under traditional law may be breaches of sacred law or offences against other persons or property.
What are the sanctions?
When sacred law is broken, elders will be directly involved in applying sanctions. Sanctions can vary from place to place, and the relatives of the wronged party and ceremonial leaders or both may be involved in punishment. Sanctions can include: ridicule, shaming, exile, spearing, and death. The justification for physical punishments is sometimes used to ‘restore balance’ to the wronged party.
What are the significance of land and bodies of water to Indigenous Societies?
Tribal membership allowed for automatic rights to live and use resources of certain lands. Therefore, the land belongs to the group and the loss of this land means losing the tribe’s culture and history. Each group had distinct responsibilities governing the way that they look after their land and bodies of water. There responsibilities were tied into their traditional laws, stories, and rituals which were passed on, so failure to follow the laws can be seen as a failure to show respect for the land, sea, and traditional values.
What is ATSIP customary law’s relevance to Australian contemporary law?
Like British common law, ATSIP customary law has continued to evolve as social values change.
Is it effective?
Strong kinship ties based on skin groups have ensure that property crime has remained low amongst Indigenous Societies. Across the 40 Indigenous communities living in central Australia, only 8 have some sort of police presence. The others rely on ATSI customary law to regulate behaviour.
