Essay legal studies!
Distinguish between the Aboriginal legal system prior to 1788 and the current Australian legal system, using examples. How has the Australian legal system reformed its ways when relating to Aboriginals? Use case studies, Acts & examples to help answer the question. (minimum 700 words).
The Aboriginal legal system prior to 1788 is different to the current legal system in several ways. Prior to 1788 the Aboriginal legal system was different in the sense that different tribes had different laws and spoke different languages, ownership of land was more of a spiritual thing, laws were passed down verbally, some of their law was secret.
The laws of the people prior to 1788 were unwritten. The Aboriginals used to follow customary law based upon ritual tradition and sacred law.
Prior to 1788 the Aboriginals used to solve disputes by going to family members and small tribunal groups which were usually called elders. They used methods that solved disputes very quickly; the methods that were used were talking, mediation and conciliation etc.
The type of punishment also changed dramatically- the laws they had prior to 1788 are revenge, social ridicule, trials by ordeal, and even death.
The current legal system has changed dramatically since the 1788 British settlement. The laws are now written down and the law is based on the wider community’s morals and values, which is what they believe is right or what they believe is wrong. The Aboriginals used to solve disputes by taking it to the family members and small tribunal groups which are called elders. In the current laws the courts take care of it according to the law and how harsh the situation was.
The Essay on Legal Reserve System
The economic challenges that we face in today’s world have become second only to the great depression. The recent collapses of banks and large corporations in our country have made people scramble for a place that has security. We are asked often, “Where can we place assets that provide safety and security in uncertain times”? One place that should be considered is life insurance ...
Prior to 1788 the sanctions (punishments) they had were revenge, social ridicule, trials by ordeal and even death. With the current Australian legal system we do not have that anymore, the sanctions that the courts enforce on the people are fines, community service and imprisonment for a specific amount of time and it could be for life, depending on how severe the crime is.
The current Australian legal system makes sure that the laws are written down and are known by everyone. In other words the laws have to be discoverable and clearly understood so it can be known by the whole community and thus the community will follow. Prior to 1788 some laws were kept secret, the Aboriginals hence the community did not know about them.
The Aboriginal law prior to 1788 the Aboriginals saw the land as sacred and was shared land among the community, no one owned the land. That has changed, the current Australian legal system tells us that you can buy land and live on it and it is legally yours.
The Aboriginal law prior to the 1788 was mostly based on the Dreaming and spirits of the land, animals, plants, and the sky. The current Australian legal system the law is based on the community’s morals, ethics and values. The current Australian legal system does not have much link to the land as much as much as the Aboriginal law did with their land.
The Aboriginal law prior to 1788 also had different rules within different tribes. So each tribe would have its own rules and its own sanctions. In the current Australian legal system, all of Australia has the same law and everyone is treated the same and is punished the same as anybody else who would have done the same crime, and it is done without discrimination.
The Australian legal system reformed its way when relating to Aboriginals by giving aboriginals more rights and the Aboriginal land rights act.
The Report on The Australian Legal System
*The Australian legal system in relation to family law seeks to protect children. The best interest of the child is considered to be the paramount. Many types of families exist in our contemporary society such as nuclear, blended and single parent families. Living in a technologically advanced society, creating human life is gradually becoming a science rather than a miracle of natural life. The ...
[color=white:28e3e04548][/color:28e3e04548][size=24:28e3e04548][/size:28e3e04548][/b]
