LAW115 Lecture Notes - Lecture 2: Terra Nullius, Northern Territory National Emergency Response, Child Mortality
18 May 2018
School
Course
Professor
LAW115 5/3/2018 – Readings
(CH9 Origins of the Australian Legal System and Indigenous Customary Law)
1. HISTORICAL DEVELOPMENTS IN OFFICIAL POLICIES RELATING TO INDIGENOUS
PEOPLE: EXCLUSION AND INCLUSION
Government policy towards indigenous people began from the mid-nineteenth century;
segregation.
LAW115 5/2/2018 – LECTURE
ORIGINS OF THE AUSTRALIAN LEGAL SYSTEM AND INDIGENOUS CUSTOMARY LAW
COLONISATION
Colonisation can be understood in 2 ways;
- Dispossession
- Introduction of British law and the movement away from British law towards the
Australian legal system
-SUPRESSION OF ABORIGINAL TRADITIONAL LAW-
- Recognition of these customs and laws in any formal sense
- Yet to recognise customary law for the Aboriginal people
- Aboriginal people have developed intrinsic and spiritual beliefs regarding the
establishment of the world and humans, thus assisting in the development of their
customary laws and beliefs. Aboriginals are custodians of the land
-
-DISPOSSESION-
International law methods of acquiring land;
o Conquest (military force)
o Cession (by treaty)
o Settlement/discovery (vacant land)
These methods were able to be appropriated by the British in order to justify the
obtainment of land.
→ TE‘‘A NULIUS; ept lad, justifig the auisitio of Austalia. The out justified the
non-application of Aboriginal law due to primitive beliefs and injustice.
-EFFECT ON INDIGENOUS TITLE TO LAND AND ABORIGINAL AUTONOMY-
Conquest and treaty were land rights and laws of previous occupants not affected unless
the crown exercised power to modify them.
- Indigenous peoples perceptions;
o Sovereignty was never conceded, colonisation was based on racist
perceptions: continuing survival of indigenous sovereignty and law in present
times promotes a source of the injustice in need of resolution.
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Document Summary
Law115 5/3/2018 readings (ch9 origins of the australian legal system and indigenous customary law: historical developments in official policies relating to indigenous. Government policy towards indigenous people began from the mid-nineteenth century; segregation. Origins of the australian legal system and indigenous customary law. Introduction of british law and the movement away from british law towards the. Recognition of these customs and laws in any formal sense. Yet to recognise customary law for the aboriginal people. Aboriginal people have developed intrinsic and spiritual beliefs regarding the establishment of the world and humans, thus assisting in the development of their customary laws and beliefs. International law methods of acquiring land: conquest (military force, cession (by treaty, settlement/discovery (vacant land) These methods were able to be appropriated by the british in order to justify the obtainment of land. Te a nulius; (cid:858)e(cid:373)pt(cid:455) la(cid:374)d(cid:859), justif(cid:455)i(cid:374)g the a(cid:272)(cid:395)uisitio(cid:374) of aust(cid:396)alia. The (cid:272)ou(cid:396)t justified the non-application of aboriginal law due to primitive beliefs and injustice.
