Topic 2 ---> Aboriginal & Torres Strait Islander Customary Law

Question 1

What is Spiritual nature?

Aboriginal & T.S law

Answer 1

• Closely related to religion and belief in the spiritual importance of the land
• The Dreamtime is the basis of ATSI spirituality

Question 2

How was Aboriginal & Torres Strait Islander Customary Law diverse?

Answer 2

• Each clan has its own territory, traditions, rituals, customary laws
• The Dreamtime is central to all

Question 3

What were the Ritual and Oral Traditions?

Aboriginal & T.S law

Answer 3

• Oral law passed down by word of mouth

* Remembered through story, dance, song, etc

Question 4

What was the dispute resolution?

Aboriginal & T.S law

Answer 4

• Conciliation and mediation most common

* Involves elders assisting persons in conflict to come to resolution through discussion

Question 5

How was it enforced?

Aboriginal & T.S law

Answer 5

•Revenge:
– family of victim given right to take revenge against perpetrator or family/clan of perpetrator
•Trial by ordeal:
– bladeless spears thrown and verbal abuse shouted at accused by victim and relatives of victim
– accused forgiven if speared in the thigh
•Inquest:
– elements of supernatural involved in determining murderer
•Social ridicule/isolation
•Death

Question 6

What is the significance of land and bodies of water?

Aboriginal & T.S law

Answer 6

• Valued for spiritual significance
• Central to ATSI cultures
• Form basis of religious belief and customary law
• Terra nullius deprived ATSI of native title rights (Ward & Ors v. State of WA & Ors)