nofriends
body*****er.
i need an example of a custom practiced so much it has the power of law???plz help thanks...
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what is a customary law???? (1 Viewer)
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tWiStEdD
deity of ultimate reason
Much of our customary law has become contemporary law in the form of acts of parliament.
However, certain other customs have been outlawed. For example the role of women.
You could say that women are still the passengers in vehicles more often than not, and that men do the majority of outdoor work, earn money from the principal job and usually get talked to before the woman is.
Perhaps there is more, but i cant think of them now.
However, certain other customs have been outlawed. For example the role of women.
You could say that women are still the passengers in vehicles more often than not, and that men do the majority of outdoor work, earn money from the principal job and usually get talked to before the woman is.
Perhaps there is more, but i cant think of them now.
ameh
dirty trick
Smoking?
Smoking used to be allowed in restaurants and now it's banned from workplaces...etc.
Smoking used to be allowed in restaurants and now it's banned from workplaces...etc.
imsooverskool
theres a fire in my pants
um no customary law is the traditional law of a society, ie. the laws of aboroginal people before white settlement. it also includes alot of what international law is based on
Customary Law is basically law developed from customs. Many people get confused thinking it Aboriginal Law, the only reason why we still call such Aboriginal Law 'customary', is because many of its clauses cannot be enforced or be made certain, for example - it is hard to prove beyond reasonable doubt that someone is Greedy or an evil spirit. Hence some of this law is left to be enforced under Aboriginal tribes set out by special powers from the Government.
Customary Law is mainly set up to determine dispute resolution, who is wrong and who is right, and where are the faults, becuase law becomes more complex, special powers and bodies develop, these are our Parliaments and courts and becuase this is further complicated, delegated courts (tribunals) and delegated bodies (Local Government) assist in this.
Customary Law is mainly set up to determine dispute resolution, who is wrong and who is right, and where are the faults, becuase law becomes more complex, special powers and bodies develop, these are our Parliaments and courts and becuase this is further complicated, delegated courts (tribunals) and delegated bodies (Local Government) assist in this.
Gemstone
Member
Definition of Customary law "Customary law is that law which has its basis in long-continued practices." Heinemann book
Yeah it is quite commonly seen in indigenous systems (law based on customs). It is not always aboriginal but that is really all they would ever ask you about in the test, and if for some strange reason they did ask what it was you could work it out from aboriginal.
So based on the deffinition smoking could be seen as a customary law. Although it's quite unlikely they would ask you anything other than aboriginal.
Gemma
Yeah it is quite commonly seen in indigenous systems (law based on customs). It is not always aboriginal but that is really all they would ever ask you about in the test, and if for some strange reason they did ask what it was you could work it out from aboriginal.
So based on the deffinition smoking could be seen as a customary law. Although it's quite unlikely they would ask you anything other than aboriginal.
Gemma
ameh
dirty trick
Great, my essay q. is
Discuss the extent to which Aboriginal customary law is recognised by contemporary Australian law and evalutae the consequences of this level of recognition.
Discuss the extent to which Aboriginal customary law is recognised by contemporary Australian law and evalutae the consequences of this level of recognition.
Ziff
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Secret Women's Business affair - Hindmarsh Island/Bridge dispute
There are a few about Aboriginals using tribal punishments on their own then being arrested etc.
Fishing for traditional purposes is legal in some areas where white fisherman are not allowed to fish.
Those are a few cases but I can't think of the names.
There are a few about Aboriginals using tribal punishments on their own then being arrested etc.
Fishing for traditional purposes is legal in some areas where white fisherman are not allowed to fish.
Those are a few cases but I can't think of the names.
Jennibeans
Member
the case that Asquithian mentioned i know one that is similar to that
barnes v the queen 1997
Barnes was convicted of the manslaughter of his nephew and sentenced to 4 years gaol. However the judge suspended the sentence because he knew tribal punishment was to be inflicted on Barnes and no criminal can be punished twice for the same crime.
Tribal punishment Barnes agreed to was spearing, punching, being hit with boomerangs and having boomerangs thrown at him. This was all allowed even though corporal punishment has been outlawed in Australia. Then you have to ask yourself is the law consistent? how come corporal punishment has been allowed? if the law isn't consistent is it effective?
another effectiveness question is the fact that it took 20 months for the case to be decided and Barnes spent those 20 months in prison. as one of the key questions about effectiveness is 'does the legal system ensure timely resolution of disputes' was the law effective in this case.
Hope that helped
barnes v the queen 1997
Barnes was convicted of the manslaughter of his nephew and sentenced to 4 years gaol. However the judge suspended the sentence because he knew tribal punishment was to be inflicted on Barnes and no criminal can be punished twice for the same crime.
Tribal punishment Barnes agreed to was spearing, punching, being hit with boomerangs and having boomerangs thrown at him. This was all allowed even though corporal punishment has been outlawed in Australia. Then you have to ask yourself is the law consistent? how come corporal punishment has been allowed? if the law isn't consistent is it effective?
another effectiveness question is the fact that it took 20 months for the case to be decided and Barnes spent those 20 months in prison. as one of the key questions about effectiveness is 'does the legal system ensure timely resolution of disputes' was the law effective in this case.
Hope that helped
Gemstone
Member
Yeah I think everyone metioned the cases I was going to bring up. Anyway I also wanted to mention that ATIS people have different rules in regards to how long they can be interviewed (by police) for and also imprissonment. I don't know if there is a case for that.
Gemma
Gemma
Gemstone
Member
K thanks Ziff
santaslayer
Active Member
also i think that some forms of reintergrative shameing are customary in some aboriginal tribes, which is still adopted today
Very true, we still use reintegrative shaming today in many areas of criminal rehabilitation, mainly where arson for example is the cime, however shaming has a stricter code under the UDHR and the Geneva Convention which do not allow humiliation of poeple, especially by the state on unfair grounds. Which brings us to Internationa Law, another form of Customary Law.
santaslayer
Active Member
lol..yea as u can c, u can link everything up with international law in ur hsc essays.....maybe u can even touch on CROC 1990
santaslayer
Active Member
i know that youth justice conferencing is used today as a modern mechanism of reintergrative shaming......maybe u could use that too
stuff
Member
There is this new court in dubbo for juvinelle Aboriginal offenders - I think its called the circle court or something. And I'm pretty sure they sit in the cirle. But they have a magistrate, an aboriginal elder, the victim and the offender and they discuss appropriate punishments for the offender. It has a really good success rate (as in there has been a low number of reoffences). Sorry to be scarce on details
aLeeOh!
about to explode
yeh...
maybe if you can find it, there was an article in the smh about circle sentencing courts.
as stuff mentioned, you have the aboriginal offender, a couple of aboriginal elders, a magistate and the family and friends of the victim and the offender-those who will be affected by the case...
the good things about circle sentencing courts?-->
*the offender is in an environment where he/she will be judged by his own community. like, for many aboriginal offenders, the sentences they recieve may not have much effect for those who have placed these sentences on them arent that important to them(i dont thinkim explaining this very well)
eg. if you do something wrong, it will have a much more personal effect on you, if you were told to you face by for instance, your mother, how ashamed and disappointed she was at you, than if you heard it from a complete stranger.
*not only does the victim get a say in what he/she wants in compensation, but the victim is able to feel as though what he has to pay is within his ability.
some bad things---->
*exactly how effective is it? it is still-from last time i checked on it- a fairly new procedure, so the effetiveness of these methods is still up for questioning..which also brings in ...
*geograpgical factors. i think in the article i used, 13 out of 14? or was it 11 out of 12?... of the cases resolved using circle sentencing courts saw that the offenders did not commit any more crimes. and the one cases which did not seem to work was for the offender was outside the nowra community-where the circle sentencing ourts were held.
this also questions its effectiveness due to location. therefore, these circle sentencing courts seem to work for the sense of community environment, however, this is limited to the area within the community..
.........
these are just some of the main points i got and ive just written from the top of my head.. im pretty sure once youve read the articles and done your research, you'll find heaps more... and word it much much better than i have!
hope it helps....and it made sense lol.
maybe if you can find it, there was an article in the smh about circle sentencing courts.
as stuff mentioned, you have the aboriginal offender, a couple of aboriginal elders, a magistate and the family and friends of the victim and the offender-those who will be affected by the case...
the good things about circle sentencing courts?-->
*the offender is in an environment where he/she will be judged by his own community. like, for many aboriginal offenders, the sentences they recieve may not have much effect for those who have placed these sentences on them arent that important to them(i dont thinkim explaining this very well)
eg. if you do something wrong, it will have a much more personal effect on you, if you were told to you face by for instance, your mother, how ashamed and disappointed she was at you, than if you heard it from a complete stranger.
*not only does the victim get a say in what he/she wants in compensation, but the victim is able to feel as though what he has to pay is within his ability.
some bad things---->
*exactly how effective is it? it is still-from last time i checked on it- a fairly new procedure, so the effetiveness of these methods is still up for questioning..which also brings in ...
*geograpgical factors. i think in the article i used, 13 out of 14? or was it 11 out of 12?... of the cases resolved using circle sentencing courts saw that the offenders did not commit any more crimes. and the one cases which did not seem to work was for the offender was outside the nowra community-where the circle sentencing ourts were held.
this also questions its effectiveness due to location. therefore, these circle sentencing courts seem to work for the sense of community environment, however, this is limited to the area within the community..
.........
these are just some of the main points i got and ive just written from the top of my head.. im pretty sure once youve read the articles and done your research, you'll find heaps more... and word it much much better than i have!
hope it helps....and it made sense lol.