Topic > Customary law and the status of Indigenous Australians

It is important to always show respect towards Indigenous people, recognizing their laws, practices and customs while also paying homage to the original custodians of the land. This does not, however, mean that recognition of Aboriginal customary law is essential to improving the status (social position) of Indigenous Australians; on the contrary it poses more problems than solutions. Although law is seen as the fabric of existence and intrinsic to life, it is impossible to judge one legal system in terms of another. As such, whilst there are many positive aspects of Aboriginal customary law, which is simply different and in no way (worse) or (better) than English common law, its application is not essential to improving the status of Indigenous Australians in society . Many other legal and non-legal remedies have sought and provided better support and status to the indigenous community. Aboriginal customary law emphasizes harmony, intertwining land and people, and ensuring survival. It looks at the needs of the tribe just as common law looks at the needs of society and uses them as the basis for its decisions. However, unlike common law, Aboriginal customary law is unwritten, does not change and can vary between different indigenous tribes: “there are over 500 indigenous nations in Australia with different cultures, languages ​​and needs”. Consequently, due to the wide spread of Indigenous nations, it would simply be impossible to add just one set of Aboriginal customary laws and that set would have to remain unchanged leaving no room for reforms to help the community when carefully examined. the thing happens. Customary law is also unregistered and would become different… middle of paper… other legislation and institutions have successfully improved the divide between Indigenous and non-Indigenous Australians by promoting change, harmony and providing support. The Australian Government aims to improve social inadequacies, and while the results may sometimes be limited, it is ultimately improving relations between non-Indigenous and Indigenous Australians, as well as improving the social position of Indigenous Australians. Therefore recognition of customary law is not essential to improving the status of indigenous Australians and the proposal itself foresees the possibility of negative outcomes which could perhaps worsen their status and lead to a decline in their social position. Works Cited Michael Sanson et al, Connecting with the law (Oxford University Press, 2d ed, 2010) Catriona Cook et al, Laying down the law (LexisNexis Butterworth's, 2012) 79.