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Are traditions important to society
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According to Jackson (1988), the persistent myth that no real law existed in New Zealand prior to 1840, is a racist and colonising myth used to justify the imposition of ongoing application of law from Britain. Pre-European Maori society regulated behaviour and punished wrongdoings through the sanction of muru. Jackson defines muru as, “a legalised system of plundering as penalty for offences, which in a rough way resembled (the Pakeha) law by which a man is obliged to pay damages” (p.40). Due to the law brought and imposed by settlers, it rendered Maori’s values, ways of thinking, and living. This essay aims to discuss the Maori social and cultural values expressed in the sanction muru. Furthermore, how the British opposition to the use of …show more content…
The ultimate goal of muru is to find the means to restore balance from the offence (Jackson, 1988). According to Quince (2007), muru is operated under the organising principles and beliefs of Maori society before colonisation: tapu, hara, mana, and utu. According to Quince’s formula; an individual breaches tapu when committing an offence (hara ), which becomes an attack on the person’s status (mana ) and in response, an intervention is needed to restore balance (utu ). These general principles of Maori law helped organised how offending was to be understood and dealt with. In addition, these principles provided a basic framework for Maori society to function in an orderly manner (Jackson, 1988). Muru acknowledges the spiritual and lineage ties that; committing an offence is tapu to themselves and their wider networks and ancestors, therefore, compensation is essential to restore the balance that has been taken away and to protect their mana (Quince, 2007). Thus, muru expresses cultural and social values of Maori society which were embedded in their everyday lives before
In the novel ‘Us Mob Walawurru’ Composed by David Spillman and Lisa Wilyuka we observe the life of a young Aboriginal girl and the dilemmas that she and the Luritja people must face. The narrative illustrates the significance of respect in the Luritja tribe. It is presented that respect is shown to all cultures and backgrounds which makes a very caring and joyful atmosphere. The Walawurru community honour their laws and guidelines, and use the land with great admiration. Although in times disrespect is shown by some of the Walawurru members, overall respect is an extremely important aspect in the Walawurru people’s lives.
The two forms of traditional Aboriginal law were ‘sacred’ and ‘secular’ laws. Sacred laws were entrusted to the elders, teaching Aboriginal customs, acceptable behaviour, and adequate use of the land. Secular laws focused on the responsibilities of individuals. There were also ‘secret’ laws and different people...
In conclusion, as a cornerstone of Australia legal system, the Mabo case had profound effects on protecting Aboriginal people. After twenty-five years of development, the situation is getting more and more better. However, the government can still have more powerful and forceful measures to improve those people’s
The National Apology of 2008 is the latest addition to the key aspects of Australia’s reconciliation towards the Indigenous owners of our land. A part of this movement towards reconciliation is the recognition of Indigenous Australians and Torres Strait Islanders rights to their land. Upon arrival in Australia, Australia was deemed by the British as terra nullius, land belonging to no one. This subsequently meant that Indigenous Australians and Torres Strait Islanders were never recognised as the traditional owners. Eddie Mabo has made a highly significant contribution to the rights and freedoms of Indigenous Australians as he was the forefather of a long-lasting court case in 1982 fighting for the land rights of the Torres Strait Islanders. Eddie Mabo’s introduction of the Native Title Act has provided Indigenous Australians with the opportunity to state claim to their land, legally recognising the Indigenous and the Torres Strait Islanders as the traditional owners.
It would not be inconsistent with the principle of equality before the law that, where members of the Aboriginal race have special needs, those should be recognised by special rules laid down by the law. Further, the law is flexible enough to allow the courts to consider the special situation of an Aboriginal party where that is relevant. As the courts have recognised, the sentencing of Aboriginal offenders presents particular difficulties. Judges, in an attempt to do justice in discharging the difficult role of sentencing tribal and semi-tribal Aboriginal persons, have gone further. Clearly the ordinary criminal law is capable of facing these difficulties. It is neither necessary, nor desirable, to apply to the Aboriginal peoples the rules of their customary law rather than the general law. The attempt to uphold Aboriginal customary law is one aspect of the notion that the Aboriginal peoples will benefit if they continue to be treated as a class separate from the rest of the community, which must necessarily be a dependent and disadvantaged class.
As European domination began, the way in which the European’s chose to deal with the Aborigines was through the policy of segregation. This policy included the establishment of a reserve system. The government reserves were set up to take aboriginals out of their known habitat and culture, while in turn, encouraging them to adapt the European way of life. The Aboriginal Protection Act of 1909 established strict controls for aborigines living on the reserves . In exchange for food, shelter and a little education, aborigines were subjected to the discipline of police and reserve managers. They had to follow the rules of the reserve and tolerate searchers of their homes and themselves. Their children could be taken away at any time and ‘apprenticed” out as cheap labour for Europeans. “The old ways of the Aborigines were attacked by regimented efforts to make them European” . Their identities were threatened by giving them European names and clothes, and by removing them from their tra...
It is the belief of first nations that the healing process and renewal of relationships are the essential ingredients for the building of healthy First Nations communities. First nations realize that the current justice process does not address the real issues at hand nor does it fit into their traditional forms of achieving justice. In fact, the current justice process systematically removes the offenders from their people and communities effectively severing all ties and ...
Restorative justice can be defined as a theory related to justice that is concerned on repairing the harm that is caused or revealed by a criminal behavior (Barsh 2005: 359). Over the years, restorative justice has been seen as an effective way of dealing with both social as well as cultural issues of the aboriginal people. Because of these, restorative justice is used in many of the local communities in an effort to correct criminal behavior. This concept is seen as a conceptualization of justice which is in most cases congruent with the cultural and the community values of the aboriginal people. There is growing body of evidence which suggests that there are a number of challenges which accrue the effective implementation of restorative justice amongst the aboriginal people.
The gross over representation of indigenous people in the Australian criminal justice system (CJS) is so disturbingly evident that it is never the source of debate. Rather it is the starting point of discussions centring on the source and solutions to this prominent social, cultural and political issue. Discourse surrounds not only the economic and social disadvantage of indigenous communities, but also the systemic racism and continuing intergenerational trauma resulting for the unjust colonisation of a nation which has profited whites at the detriment to indigenous people throughout history. In respect to the currently CJS, trepidations are raised by indigenous communities around the lack of culturally diverse laws and punishments within the system. The overtly western system does not provide a viable space for indigenous
Indigenous Australian land rights have sparked controversy between Non Indigenous and Indigenous Australians throughout history. The struggle to determine who the rightful owners of the land are is still largely controversial throughout Australia today. Indigenous Australian land rights however, go deeper than simply owning the land as Aboriginal and Torres Strait Islanders have established an innate spiritual connection making them one with the land. The emphasis of this essay is to determine how Indigenous Australian land rights have impacted Aboriginal and Torres Strait Islander people, highlighting land rights regarding the Mabo v. the State of Queensland case and the importance behind today’s teachers understanding and including Indigenous
Australia’s Indigenous people are thought to have reached the continent between 60 000 and 80 000 years ago. Over the thousands of years since then, a complex customary legal system have developed, strongly linked to the notion of kinship and based on oral tradition. The indigenous people were not seen as have a political culture or system for law. They were denied the access to basic human right e.g., the right to land ownership. Their cultural values of indigenous people became lost. They lost their traditional lifestyle and became disconnected socially. This means that they were unable to pass down their heritage and also were disconnected from the new occupants of the land.
Do you ever think about marriage? If so, where, when, how, and who do you want to marry? Do any of those things even matter to you? Everyone regardless of age, gender, background, or culture will contemplate about marriage at least once in their lifetime, in fact some even plan their dream wedding since they were a kid. However, in reality, marriage is more than just a fairytale-like, dreamy concept as some cliche Hollywood films would portrait. Marriage requires countless serious negotiations and decisions, that couples would soon realize deciding on a marriage was only a tip of an iceberg of decision-making. Couples will have to decide on where to live, how to split the work at home, if they want to expand the family, have children, and etc,
The ability of police to exercise discretion was originally designed to allow officers to maintain the peace by allowing certain types of crime to remain unpunished in certain circumstances. This essay will aim to explore the issue of police discretion that suggests that the application of discretion works against the interests of Aboriginal and Torres Strait Islander peoples. In drawing this conclusion, this essay will examine the relationship between policing ideals and the use of discretionary powers and the relationship between policing attitudes and the use of discretionary powers. A discussion regarding the use of police discretion towards Aboriginal and Torres Strait Islander peoples can scarcely be mentioned without making reference to arguably the greatest failing by a police officer since indigenous Australians were formally recognised as citizens. Further to this, the case of Mulrunji Doomadgee (Cameron) will be examined from the point of view of officer discretionary powers. The penultimate point to be made will involve the Anglo Australian response to this case as well as the ongoing relationship between indigenous Australians and the institutions that govern them. As mentioned, the first point will involve policing ideals and their relationship to discretionary powers.
To conclude, Te reo Maori is one of the treasures given to Maori people as one of their taonga from their God as part of their identity. It is important for the Maori people to keep their language survives for the mokopuna as well as connecting them to the land, values and beliefs. The principles of Te Tiriti o Waitangi were partnership, participation and protection that the Crown failed to act upon which result in Waitangi Tribunal. Te Whariki and New Zealand curriculum promotes and implement bicultural to revitalised Te reo Maori as well as strengthening the partnership between Maori and Pakeha of the Te Tiriti of Waitangi.
The Treaty of Waitangi is a very important document to New Zealand. It is an agreement that was drawn up by representatives of the British Crown and Maori Hapu and Iwi. It was first signed at the Bay of Islands on February 6th, 1840. There has been a lot of debate over the years about the translation of words between the English and Te Reo Maori versions of the text and the differences in the word meaning over the who languages. In this assignment I am going to cover the rights and responsibilities that the treaty contains and an explanation of the differences in wordings and I am also going to contextualise my understanding of the differences of wording against the Maori Worldview and the Declaration of Independence.