Customary Law In Australia Essay

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vBefore the white settlers came to Australia in 1788 and claimed that the land belongs to them, there were groups of people living across Australia. They are the Aboriginal and Torres Strait islanders. Even Though there weren't any written laws on the restrictions for them, they are very structured with the ancestral laws and regulations. Their law is called the customary law and it is believed to be created during the dreamtime. Over the period, these laws are passed down from generation to generations through painting, dances, art or verbally. These laws determined the appropriate behaviours of different people within the tribe. On the other hand, their law also decides factors like family rules, food sources, how workload should be shared, marriage arrangements, religious duties and punishments etc. In comparison, the common law is very different. First and foremost, they have the laws written down. It was created in the 1066s when William the conqueror invaded England. His intention was to have a common set of laws for the nation to settle disputes in the same way. Customary law and common law shows differences in various ways. Firstly, Aboriginal and Torres Strait Islander people shows a strong connection with the land. They believe …show more content…

Furthermore, the elders or influential members of the tribe will then try to meet with people in conflict and uses dialogue to resolve the problem. This is a result of mediation. Whereas, in the common law system go through juridical processes or trial by ordeal, a physical test to determine if the defendant is guilty. For example, in a water ordeal, the guilty would float while the innocent sinks. In addition, one of the disadvantage of common law system is provision of Oxford 1258 which made the common law inflexible as it requires the judges to must follow the precedent even if it is

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