Aboriginal customary law
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Aboriginal customary law the criminal law, evidence and procedure by Australia. Law Reform Commission.

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Published by The Commission in Sydney .
Written in

Subjects:

  • Customary law -- Australia,
  • Aboriginal Australians -- Legal status, laws, etc.

Book details:

Edition Notes

Cover title.

StatementThe Law Reform Commission.
SeriesDiscussion paper / Law Reform Commission -- no. 20, Discussion paper (Australia. Law Reform Commission) -- no. 20.
The Physical Object
Pagination24 p. ;
Number of Pages24
ID Numbers
Open LibraryOL15170964M

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Get this from a library! Recognition of Aboriginal customary law. [Northern Territory. Legislative Assembly. Sessional Committee on Constitutional Development.] -- Considers whether Aboriginal customary law should be constitutionally recognised in Northern Territory and options for recognition; includes nature and role of customary law, proposals for.   Aboriginal customary laws, before white settlement in , were considered primitive by the British, if considered at Aboriginal laws and customs had lasted hundreds of years, based on traditions such as kinship ties and rituals. These laws were formed by ancestors, spirits, and Aboriginal beliefs, and were passed down the generations by word-of . Get this from a library! Aboriginal customary law: recognition?. [Australia. Law Reform Commission.;] -- Traditional Aboriginal society and its law; Westernization and Aboriginal society today; problems of recognition; Aboriginal police and court schemes in Aboriginal communities; Aborigines in.   The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. This book is a formidable contribution that I expect will be influential in shifting 5/5(1).

The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically Manufacturer: Hart Publishing. Volume 1 relates to Aboriginal and Torres Strait Islander peoples. It includes coverage on Aboriginal people and the constitution, Aboriginal customary law, land law, cultural heritage, criminal and civil justice issues, international law and Indigenous cultural and intellectual : Jane Miller. A Special Customary Law Defence? Last modified on 18 August, Forms of Direct Recognition. So far the discussion in this Chapter has concerned the problem of taking into account Aboriginal customary laws in deciding on criminal responsibility under the general law. This is only an indirect way of taking customary law into account.   Part B: Aboriginal women and mainstream law 1. Introduction. A starting point for the recognition of Aboriginal Customary Law is a critical examination of the ways.

Customary law and intellectual property system: the issues What is customary law? Defining and characterising “customary law” would itself be the subject of an extended study. The present study does not attempt to define “customary law”, but some general comments on .   Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine . 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 the land and with each other, through a system of relationships. Customary law is practiced in many contexts -- by secular governments, religious sects and even sports. In Judaism and Islam, established custom can be considered a precedent to resolve a dispute brought before religious jurists who might otherwise find no precedent in the religion's holy texts to decide a case.