LAWS1052 in-class test (1 Viewer)

[Newbie]

just because most people who do law havent done legal studies

 

[sugared plum]

Originally posted by Newbie
critical evaluate decision

ohhh it wasn't critically evalute his decision?? omg then i totally did it wrong... i thought it was about his idea about aboriginal spirituality etc and its place in the legal system ahhhh

 

[Newbie]

omg artificial reasoning

 

[sugared plum]

not that either ??

dude no more exam talk it all ends badly, and usually worse than the actual results

 

[Lazarus]

Oh, and there's a nice searchable version of the case on AustLII:

http://www.austlii.edu.au/au/cases/cth/federal_ct/1998/1082.htm

 

[Newbie]

anyone someone save me
how would the argument of artificial reasoning and natural reasoning be connect to bulun bulun?

 

[sugared plum]

ok maybe you could have tied it into the nature of the law, if you approach that 'critically analyse' question extremely broadly. but otherwise i don't think so. i interpreted that question to mean, discuss the interplay between aboriginal customary understandings of life - ie the connection between land and intellectual property - and the Australian Legal System, and the way in which the ALS does not consider the way in which Aboriginal people think about the world when creating and building upon the law. That is, ideas about land ownership and artistic works are, under the law, not part of the same principle(which is fundamentally a eurocentric view) , and in this way, Aboriginies suffer under the legal system which refuses to acknowledge Aboriginal culture, spirituality and heritage. Also a motivator for 'white man' and his law is money - cf. Mabo case not changing the constitution [or the interpretation to include dispossession of Aboriginal land] s 51 (xxxi) because of the huge payouts which would ensure if such a shift in conceptual understanding were to occur.

 

[addz]

hmm.thats pretty damn detailed..
dont think i "critically" analysed enuff..ahh well..