Aboriginal Legal System

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Argumentative Essay It is accepted that most societies have legal and political systems in place. The types of systems depend greatly on the needs of the society implementing them. The following essay examines the legal and political systems of traditional Aboriginal societies. Firstly, Indigenous customary legal system will be discussed; secondly typical penalties for breaking customary laws will be explored. Thirdly, indigenous political organisation will be examined; and finally how these two systems allowed for effective functioning of indigenous societies will be explored. As a result, it will be proven, that traditional Aboriginal societies had high functioning and effective legal and political systems in place; and arguments denying…show more content…
It was used for thousands of years prior to the invasion of the British and subsequent implementation of their laws (Flood 1999, p. 15). Rules on how to interact with the community, kin and land has been laid out within customary law for more than 40, 00 years prior to British settlement (Edwards 2004, pp. 67-71). The Dreaming was an integral part of the implementation of customary laws; so much so, that “ancestral beings decided the rights, responsibilities and behaviours of all things in the land” (Red Apple Education Ltd 2010). The laws covered a wide range of areas including, types of food eaten and how it is shared; rules governing marriage, family and social organisation; regulations concerning sacred sites and land; and laws regarding rituals and ceremonies (Red Apple Education 2010). From early childhood, Aboriginal customary laws were taught through stories, dance and rituals (Red Apple Education 2010). This enabled the children to grow up with a clear understanding a respect of the law and all it governs. Due to the laws being conveyed in oral tradition, there was a lack of “centralised legislative and judicial institutions” between different tribes (Keen 2004, p. 244). However, cooperation between tribes within certain regions sometimes adhered to similar ancestral law (Keen 2004, p.…show more content…
Without it; groups of people would struggle to co-exist effectively. This essay analysed the political and legal systems within traditional Aboriginal societies. The Indigenous customary legal system was explored; and typical penalties for violation of such laws was investigate. Indigenous political organisation was looked at; and finally how the two systems allowed for effective functioning of traditional Indigenous societies was also examined. As a result, it was proven that traditional Aboriginal societies had high functioning and effective legal and political systems in place; and arguments denying this were

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