Customary Aboriginal law
Encyclopedia
Customary law in Australia relates to the systems and practices amongst Aboriginal Australians
which have developed over time from accepted moral norms in Aboriginal societies, and which regulate human behaviour, mandate specific sanctions for non-compliance, and connect people with both each other and the land through a system of relationships. Customary laws are passed on by word of mouth and are not codified (nor can they be easily codified). In addition, they are not singular throughout Australia — different language groups and clans have different concepts of customary law, and what applies within one group or region cannot be assumed to be universal.
Historically, customary law has not been recognised as part of the canon of Australian law. However, in recent decades, the Australian Law Reform Commission
(1986) and the Law Reform Commission of Western Australia (2005) have written extensive reports investigating the desirability of recognising the role of customary law in legal situations involving Aboriginal Australians, and some statutes and courts in the Northern Territory
make explicit reference to customary law where such is useful in identifying relationships or social expectations. These moves have not been without controversy, especially in cases where customary law is either imprecise, or infringes upon human rights.
Australian Aborigines
Australian Aborigines , also called Aboriginal Australians, from the latin ab originem , are people who are indigenous to most of the Australian continentthat is, to mainland Australia and the island of Tasmania...
which have developed over time from accepted moral norms in Aboriginal societies, and which regulate human behaviour, mandate specific sanctions for non-compliance, and connect people with both each other and the land through a system of relationships. Customary laws are passed on by word of mouth and are not codified (nor can they be easily codified). In addition, they are not singular throughout Australia — different language groups and clans have different concepts of customary law, and what applies within one group or region cannot be assumed to be universal.
Historically, customary law has not been recognised as part of the canon of Australian law. However, in recent decades, the Australian Law Reform Commission
Australian Law Reform Commission
The Australian Law Reform Commission is an Australian independent statutory body established to conduct reviews into the law of Australia and advocate options for law reform...
(1986) and the Law Reform Commission of Western Australia (2005) have written extensive reports investigating the desirability of recognising the role of customary law in legal situations involving Aboriginal Australians, and some statutes and courts in the Northern Territory
Northern Territory
The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
make explicit reference to customary law where such is useful in identifying relationships or social expectations. These moves have not been without controversy, especially in cases where customary law is either imprecise, or infringes upon human rights.