Legal
Uploaded by joeydaprof on Jun 12, 2006
Essay legal studies!
Distinguish between the Aboriginal legal system prior to 1788 and the current Australian legal system, using examples. How has the Australian legal system reformed its ways when relating to Aboriginals? Use case studies, Acts & examples to help answer the question. (minimum 700 words).
The Aboriginal legal system prior to 1788 is different to the current legal system in several ways. Prior to 1788 the Aboriginal legal system was different in the sense that different tribes had different laws and spoke different languages, ownership of land was more of a spiritual thing, laws were passed down verbally, some of their law was secret.
The laws of the people prior to 1788 were unwritten. The Aboriginals used to follow customary law based upon ritual tradition and sacred law.
Prior to 1788 the Aboriginals used to solve disputes by going to family members and small tribunal groups which were usually called elders. They used methods that solved disputes very quickly; the methods that were used were talking, mediation and conciliation etc.
The type of punishment also changed dramatically- the laws they had prior to 1788 are revenge, social ridicule, trials by ordeal, and even death.
The current legal system has changed dramatically since the 1788 British settlement. The laws are now written down and the law is based on the wider community’s morals and values, which is what they believe is right or what they believe is wrong. The Aboriginals used to solve disputes by taking it to the family members and small tribunal groups which are called elders. In the current laws the courts take care of it according to the law and how harsh the situation was.
Prior to 1788 the sanctions (punishments) they had were revenge, social ridicule, trials by ordeal and even death. With the current Australian legal system we do not have that anymore, the sanctions that the courts enforce on the people are fines, community service and imprisonment for a specific amount of time and it could be for life, depending on how severe the crime is.
The current Australian legal system makes sure that the laws are written down and are known by everyone. In other words the laws have to be discoverable and clearly understood so it can be known by the whole community and thus the community will follow. Prior to 1788 some laws were kept secret, the Aboriginals hence the community did...