Wednesday, May 6, 2020

Essay Aboriginal Customary Laws and Australian...

Aboriginal Customary Laws and Australian Contemporary Laws Aboriginal customary laws, before white settlement in 1788, were considered primitive by the British, if considered at all. But 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-mouth instead of written down. Being over 500 tribes (each with its own clans) in Australia at one point, there were many variations to their guidelines, customised to each area of the land. Although the laws varied throughout the ages, this way of life remained until white settlement. The roots of Australian laws are†¦show more content†¦Children were taught how to be proper children until they were old enough to be told their adult customs. Australian laws have two forms, public and private law. Public law is an individual versus the Australian government, for example, criminal law, constitutional law and environmental law. It involves public bodies, public matters and is the concern of everybody in Australia. Private law involves disputes between private citizens or entities, for example, contract law, family law and probate laws. Traditional Aboriginal marriages were very different to English marriages and Australian marital laws today. Aboriginal girls were to be married when they reached puberty, and were married to much older men, who could marry (and have numerous wives) once a certain age. This meant that sex at a young age was acceptable. Australian law states that no person can legally marry until the age of 18, or have sex until the age of 16, and it is socially unacceptable for people to have numerous partners. Australian law declares under-age sex as child abuse and a criminal offence. All Aboriginals were involved in their customs and laws, with rules being imposed by the communities. Each clan was tight-knit and respected their ancestry and customs. Punishments varied, depending on the severity of the crime committed. Types of punishment included revenge, social ridicule, ostracism, insulting, spearing (aimed at the leg, but sometimes resulted in death) and death byShow MoreRelatedAboriginal Customary Law1594 Words   |  7 PagesAboriginal law had lasted for hundreds of years before white settlement of Australia in 1788. The laws were based from the Dreamtime and were formed by ancestors, spirits and Aboriginal beliefs. These laws were passed down by a word-of-mouth tradition and as there were many different tribes consisting of many clans spread out over a large area, separate laws were adapted to specific tribes and areas. 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