Atsi Law
Discuss the relevance of Aboriginal & Torres Strait Islander (ATSI) law in the contemporary Australian legal system
As the Aboriginal & Torres Strait Islander (ATSI) communities came into contact with Europeans their traditional society began to break down. The British arrived in Australia and decided under Vattall's theory that Australia was settled' and not conquered. This meant that Australia was regarded as uninhabited' and so the ATSI people and all their beliefs, laws, rituals and traditions were totally disregarded.
Aboriginal & Torres Strait Islander (ATSI) customary law was based on tradition, ritual and acceptable modes of conduct. In 1986 The Australian Law Reform Commission (AIRC)' inquired into the question of recognition of ATSI customary law.
Arguments for included:
- Non-recognition undermines the ATSI culture and the fact that these laws are in use in some parts of Australia
- Non-recognition can lead to injustice. For example an ATSI person should......
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Approximate Word Count: 930
Approximate Pages: 4 (250 words per double-spaced page)
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