In addition, a discussion of lawmaking authority over “division of matrimonial property” presumed a certain conception of property and notions of private individual ownership that were often not consistent with the customary law and values of most first nations. Available from: URL:http://www.ainc-inac.gc.ca/pr/pub/matr/cm_e.html. Land rights -- Hunting, gathering and fishing rights. The subject field is required. (1), The problem with the recognition of customary law relating to marriage and the disputes over possession of the matrimonial home or other matrimonial real property was that it was framed in terms of private property rights that have been introduced into the reserve community from the outside and were often imposed through the dynamics of colonialism. Numerous and frequently-updated resource results are available from this WorldCat.org search. Systems of customary law differ greatly between language groups, clans, and regions. Indian and Northern Affairs Canada. You may have already requested this item. On the whole, Canadian law has accepted the validity of Aboriginal marriage by custom where the necessary … Aside from the influence of customary laws pertaining to that of land; customary law has not otherwise been relevant to the development of Australian Common Law by courts. Indigenous customary law developed over time from accepted moral norms within Indigenous societies. Over this period the Commission consulted with Aboriginal people, communities and organisations in all regions of the state. Social organisation -- Kinship -- Marriage. Indian and Northern Affairs Canada. Australian Government Publishing Service\" ; Aboriginal Australians--Criminal justice system\"@, Aboriginal Australians--Government relations\"@, Aboriginal Australians--Legal status, laws, etc\"@, Aboriginal Australians--Social life and customs\"@, Australiens (Aborig\u00E8nes)--Syst\u00E8me p\u00E9nal\"@, Export to EndNote / Reference Manager(non-Latin). Rcap family law recommendations. [4] These changes have sometimes been controversial,[5][6] especially in cases where customary law is imprecise or infringes upon human rights. Aboriginal Australians -- Social life and customs. 3. Please enter the subject. (2), Authorities on customary law in societies outside Canada have given some advantages on customary law which were: 1) Flexibility and adaptability as conditions and values of the people change; 2) Embodies and reflects the unique knowledge traditions of the people concerned (systems of organizing and conveying information and understanding of the world) and; 3) Relies on an esteemed and valued role of elders in transmitting knowledge and values. In doing so, I will also focus on issues relating to family violence and abuse - issues which have been reported with such distressing frequency of late. Separate up to five addresses with commas (,). 1986, The recognition of Aboriginal customary laws / the Law Reform Commission Australian Government Publishing Service Canberra. Aboriginal Australians -- Criminal justice system. The E-mail message field is required. The E-mail Address(es) field is required. Please select Ok if you would like to proceed with this request anyway. How about receiving a customized one? Project 94 - Aboriginal Customary Laws Project No. Aboriginal law and Aboriginal customary marriages have not yet achieved a status equal to federal and provincial laws in the area of matrimonial real property. (2) There is a limited amount of legal commentary and case law on the recognition of Aboriginal customary marriages. View vol.1 online via Austlii, austlii.edu.au Aboriginal customary law. For that reason, customary laws were explicitly ignored by Australian courts. The word "law" is taken to refer to the legal system introduced by the British, whereas the word "lore" is used to refer to the Indigenous customary system. 1. (1), It is clear that “the family” in aboriginal discourse signifies not only the household and smaller circle of immediate kin, but also, as it did in traditional times, a broader caring community that acts as a bridge or mediator between individuals and the world at large. The post-colonial legal system recognized Indigenous customary law as giving rise to a valid legal claim in the Mabo decision, in which the legal fiction of terra nullius was discarded. Available from: URL:http://www.ainc-inac.gc.ca/pr/pub/matr/acl_e.html. Those cultural works are passed on by oral tradition. Customary marriages. Justice pénale -- Administration -- Australie. In the Northern Territory, some statutes and courts make explicit reference to customary law where useful in identifying relationships and social expectations. © 2019. clikngo.com. The Importance of Recognition of Customary Aboriginal Laws, Customary laws were implicit guidelines developed from examples or tacit models of conduct, rooted in spiritual force, similar to instinct in the animal world and as natural as gravity to modern science.

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