Aboriginal & Torres Strait Islander Customary Laws Flashcards Preview

Legal Studies - Year 11 > Aboriginal & Torres Strait Islander Customary Laws > Flashcards

Flashcards in Aboriginal & Torres Strait Islander Customary Laws Deck (14)
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1
Q

Customary Laws

A

Laws which have developed over time to regulate a society

2
Q

What is the basis of ATSI law?

A

The Dreaming

3
Q

Why is land ownership not a feature of ATSI people’s culture?

A

They consider themselves custodians rather than owners of the land

4
Q

What does ‘The Dreaming’ mean?

A

“To see and understand the law”

5
Q

What is the kinship system?

A

A feature of Aboriginal social organisation and family relationships

6
Q

What areas does kinship cover?

A

everyday behaviour and social interactions

regulation of marriage

politeness & respect

obligations

restrictions on behaviour

elders: (older men & women of recognised wisdom & authority - they are keepers of traditional knowledge)

7
Q

How is ATSI customary law passed on?

A

ATSI peoples customary laws are passed on from generation to generation through the telling of stories, ritual and ceremony

8
Q

What is a corroboree?

A

A corroboree is an Aboriginal ceremony which includes the telling of dreamtime stories

They are sacred & secret gatherings where the laws are passed on to the appropriate people

9
Q

What is the major form of dispute resolution used by ATSI peoples?

A

Mediation, where the elders of the tribe meet with the disputing parties and attempt to settle the issue through discussion

10
Q

What is the common goal of Indigenous punishment?

A

Retribution

11
Q

Who can impose the punishment?

A

They can be imposed by relatives of the person wronged or by the Elders if a sacred law was breached

12
Q

What are examples of common punishments?

A

shaming or public ridicule

spearing

duelling (individual or collective)

death

exile

13
Q

What is a similarity between ATSI customary law and common law?

A

The use of mediation

14
Q

How have been ATSI customary laws been taken into account under common law?

A

Sentencing: Courts have taken ATSI customary laws into account when considering factors that could mitigate a sentence

Circle Sentencing: Magistrate, community members and offender sit in circle to discuss the offence and determine an appropriate punishment

Hunting & Fishing: Exemptions from national park restrictions and various state licensing provisions

Adoption: Not considered suitable for Aboriginal foster children, a last resort

Native Title: Recognised via Mabo decision in 1992