Download or read book Background Paper on the Approach of Australian Courts to Aboriginal Customary Law in the Areas of Criminal Civil and Family Law written by Victoria Williams and published by . This book was released on 2003 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper is intended to provide a broad summary of the approach of Australian courts to Aboriginal customary law in the areas of criminal law, civil law and family law. Because this paper was produced to inform the Law Reform Commission of Western Australia's Aboriginal customary law reference, the primary focus of the paper is the development of the common law position on customary law in Western Australia. However, there are instances where there is no Western Australian precedent or where the law has been shaped by decisions of courts in other states or territories or by the High Court. This paper therefore refers extensively to relevant cases in all Australian jurisdictions.

Download or read book Background Paper on Aboriginal Customary Laws Reference written by John Toohey and published by . This book was released on 2004 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Background Paper on Aboriginal Customary Law in the Context of Western Australian Constitutional Law written by Steven Churches and published by . This book was released on 2005 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Background Paper written by Chris Cunneen and published by . This book was released on 2005 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Recognition of Aboriginal Customary Laws written by Australia. Law Reform Commission and published by Australian Government Publishing Service. This book was released on 1986 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed examination of the scope for recognition of customary laws through existing common law rules; human rights and problems of relativity of standards; contact experience; constitutional aspects; marriage and family structures; recognition of traditional marriage; protection and distribution of property; child custody, fostering and adoption; the criminal justice system; customary law offences; police investigation and interrogation; issues of evidence and procedure including unsworn statements, juries and interpreters; proof of customary law including scope of expert evidence; taking of evidence including group evidence, secrecy and privileged communications; customary methods of dispute settlement; special Aboriginal courts and justice schemes; relations with police; traditional hunting, fishing and gathering practices; relevant case law and legislation considered throughout.

Download or read book Family Law and Customary Law written by Antonio Buti and published by . This book was released on 2004 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Recognition of Aboriginal Customary Laws written by Australia. Law Reform Commission and published by Australian Government Publishing Service. This book was released on 1986 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed examination of the scope for recognition of customary laws through existing common law rules; human rights and problems of relativity of standards; contact experience; constitutional aspects; marriage and family structures; recognition of traditional marriage; protection and distribution of property; child custody, fostering and adoption; the criminal justice system; customary law offences; police investigation and interrogation; issues of evidence and procedure including unsworn statements, juries and interpreters; proof of customary law including scope of expert evidence; taking of evidence including group evidence, secrecy and privileged communications; customary methods of dispute settlement; special Aboriginal courts and justice schemes; relations with police; traditional hunting, fishing and gathering practices; relevant case law and legislation considered throughout.

Download or read book Indigenous Crime and Settler Law written by H. Douglas and published by Springer. This book was released on 2012-08-21 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a break from the contemporary focus on the law's response to inter-racial crime, the authors examine the law's approach to the victimization of one Indigenous person by another. Drawing on a wealth of archival material relating to homicides in Australia, they conclude that settlers and Indigenous peoples still live in the shadow of empire.

Download or read book Caught in the Middle written by Michael Cooke and published by . This book was released on 2004 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: In addition to the mental gymnastics required to interpret between parties who share limited cultural, linguistic and conceptual common ground, Indigenous interpreters may face overwhelming tension between their professional role and the effects of their responsibilities and restrictions under customary law. There are also associated pressures from having their relatives as clients, together with false community perceptions about an interpreter's role. As a result, there are instances where interpreters cannot be found for particular cases or where competent and experienced interpreters refuse to work in legal contexts where these tensions merge most severely. The purpose of this background paper is to expose and explore these issues relating to the impact of customary law upon the work and welfare of Indigenous interpreters operating in legal conexts, with the primary focus here being the criminal justice system.

Download or read book Indigenous People Crime and Punishment written by Thalia Anthony and published by Routledge. This book was released on 2013-07-24 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous People, Crime and Punishment examines criminal sentencing courts’ changing characterisations of Indigenous peoples’ identity, culture and postcolonial status. Focusing largely on Australian Indigenous peoples, but drawing also on the Canadian experiences, Thalia Anthony critically analyses how the judiciary have interpreted Indigenous difference. Through an analysis of Indigenous sentencing remarks over a fifty year period in a number of jurisdictions, the book demonstrates how judicial discretion is moulded to dominant white assumptions about Indigeneity. More specifically, Indigenous People, Crime and Punishment shows how the increasing demonisation of Indigenous criminality and culture in sentencing has turned earlier ‘gains’ in the legal recognition of Indigenous peoples on their head. The recognition of Indigenous difference is thereby revealed as a pliable concept that is just as likely to remove concessions as it is to grant them. Indigenous People, Crime and Punishment suggests that Indigenous justice requires a two-way recognition process where Indigenous people and legal systems are afforded greater control in sentencing, dispute resolution and Indigenous healing.

Download or read book Background Paper on Aboriginal Women s Interests in Customary Law Recognition written by Catherine Wohlan and published by . This book was released on 2005 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Background Paper on Contemporary Issues Facing Customary Law and the General Legal System written by Kathryn Trees and published by . This book was released on 2004 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Recognition of Aboriginal Customary Laws written by Australia. Law Reform Commission and published by Canberra : Australian Government Pub. Service. This book was released on 1986 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed examination of the scope for recognition of customary laws through existing common law rules; human rights and problems of relativity of standards; contact experience; constitutional aspects; marriage and family structures; recognition of traditional marriage; protection and distribution of property; child custody, fostering and adoption; the criminal justice system; customary law offences; police investigation and interrogation; issues of evidence and procedure including unsworn statements, juries and interpreters; proof of customary law including scope of expert evidence; taking of evidence including group evidence, secrecy and privileged communications; customary methods of dispute settlement; special Aboriginal courts and justice schemes; relations with police; traditional hunting, fishing and gathering practices; relevant case law and legislation considered throughout.

Download or read book Background Paper on International Human Rights Law and the Recognition of Aboriginal Customary Law written by Megan Davis and published by . This book was released on 2005 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Aboriginal Customary Law written by Greg McIntyre and published by . This book was released on 2005 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Background Paper on the Value of a Benchmarking Framework to the Reduction of Indigenous Disadvantage in the Law and Justice Area written by Greg Marks and published by . This book was released on 2004 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Australian legal and political system increasingly operates in an international context. Consequently, policy development and program implementation at the national level must take account of international standards and practices. This is especially the case in the area of human rights, and for settler societies such as Australia the human rights of Indigenous people are a particular focus. The recognition that Indigenous peoples often suffer significant disadvantage, poverty and distress has been significant in focusing attention on the human rights situation of such peoples. This situation is characteristically evident in the area of law and justice. However, international human rights standards provide guidance in respect of the rights of Indigenous peoples with reference to law and justice matters. This guidance addresses the disadvantage experienced in the interaction of Indigenous peoples with the law and justice systems of nation states, including the obstacles they face in maintaining and applying their own laws and customs, at least in relation to their own internal affairs.

Download or read book A New Way of Doing Justice Business written by Harry Blagg and published by . This book was released on 2005 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: