SkillBuilder discussion Communicating 1. How do Aboriginal and Torres Strait Islander Peoples believe Fern Pool was created? 2. How would creation information be passed from generation to generation? 3. Do you think these stories have been passed unchanged from generation to generation? Give reasons for your answer. Dispute resolution It is true that Aboriginal and Torres Strait Islander Peoples did not have governments, police, or courts in the same form as contemporary Western systems. However, this does not mean they lacked law, governance, social order, or systems of justice. Rather, the elders would meet to discuss the incident or dispute and agree on an appropriate consequence or solution. Punishments ranged from public ridicule or shaming for minor offences to exile or spearing for serious cases. The Warlpiri people of Central Australia would spear the offender’s thigh, leaving a scar as a reminder of their wrongful act. 18.7.2 Recording customary law Customary law has not been codified . It is not easy to record. This is because it is not always the same throughout Australia. Different language groups and communities have their own customary laws, languages, beliefs and traditions. The laws that apply to one group do not necessarily apply to another group. 18.7.3 Customary laws and Australian law Some state and territory laws have been amended to specifically refer to customary law — the Northern Territory’s Sentencing Act 1995 recognises customary law. Many courts have also taken customary law into account when considering sentences. Refer to the case study Court imposes customary punishment in section 18.7.4 for an example. SkillBuilder discussion Evaluating democratic institutions and systems Look at the map in FIGURE3 and discuss the ways that perspectives have changed over time. Why do you think maps such as this one are highly contestable? Which aspects of this map would now be considered inappropriate or incorrect? Users of this map should be aware that certain words, terms or descriptions may be culturally insensitive and may be considered inappropriate today, but may have reflected the creator’s attitude or the period in which they were written. Borders and terminology used may be contested in contemporary contexts.
TOPIC18 Laws and citizens 549
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