Thursday, 27 October 2011

Traditional Aboriginal Law

In all Aboriginal cultures they have their set of laws based on a code of conduct (if you will) in relation to the Dreamtime (Toohey 1999). However, not much is publicly known about the exact structure of the rules or which are more offensive; this is information privy to that particular group (Toohey 1999). However, some knowledge is provided. For example, intent plays little part when the Eldars consider the punishment; A man fell from the back of a moving car that an Aboriginal man was driving. That man died. It was not the driver's fault but it did happen on his watch. So punishment is due. (Toohey 1999). It is complicated to say the least.

In year 11 Legal Studies we were informed that when a traditional Aboriginal person is due to appear in the court, his/her sentence may be lighter than the norm because he/she because they still need to face traditional punishment. From what I have heard it can involve anything from getting speared in the leg or magical ailments (I had a great Uncle (Leo) and his now late wife, Aunty Shirley, swears that these other Aboriginals they were quarrelling with had cursed Uncle Leo. He was sick for quite some time before he passed), banishment (for the most severe offences) and general public embarassment (Toohey 1999).

Frankly, I think it is quite interesting.

Toohey, J, 1999, Western Australia Government, accessed 27/10/2011, (http://www.lrc.justice.wa.gov.au/2publications/reports/ACL/DP/Part_05B.pdf)

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