Customary Law Australia

In Australia, customary law is relating to the system and practises that are amidst aboriginal Australians. These laws have been refined over time from acknowledges moral normalities in Aboriginal societies. These set of laws exist to regulate human behaviour, command specific sanctions for dereliction and also to help connect the Aboriginal People with each other and the land. The knowledge of the customary laws is passed on orally from generation to generation and are not classified into a systemic code (could not be done easily if attempted). It is important to note that the Laws are not the same throughout all of Australia as between the different language groups dispersed across the country, they have different notions of customary law,

Along with this, the roles that certain people played are largely influenced by the consideration of kinship. Due to the variation between groups, putting aside the exception of extreme violations of law, there is a lack of consistent correlation between the incident and the response given to the situation, this along with many more aspects has lead to the trumping of the aboriginal law by the common law as it is seen through the eyes of the colonist to be a superior set of rules to follow, although this is just an assumption mad by someone who is clearly bias or not educated enough on the entirety of the Aboriginal Persons Law. If anything, the variety shows that customary law needs to be seen as a body of rules backed by consequences and resolutions that allow daily life to proceed which is constructed in a way to be more personalised among the aboriginal people taking into account a large body of particular aspects and even if it may not seem to be the most logic way for a non-aboriginal person it does not make the logic

This is when the new legal regime was introduced and enforced in Australia, which was of course based on the common law. When Australia was settled it was believed that the country was not recognised as a place that had existing laws and structure causing there to be no communication of a formally concluded and ratified agreement with the Aboriginal Australians. This is to do with systems in accordance with the acquiring of land and other proceedings between them and the settlers. The Aboriginal People as consequence to this, were treated as individuals, rather then a group. This led to Australia being acknowledged as a newly settled colony instead of a conquered country. The result of this being that the settlers conducted the Aboriginal people with a generalised English legal system. For a period of time this common legal system was in practise, majorly to crimes committed by colonists to Aboriginals and vice versa with crimes Aboriginals had committed to colonists. This system of rules provided a method of protection between the