Thursday, November 14, 2013

Evaluate the effectiveness of Aboriginal Customary Law compared with Australian law in regards to punishment and ownership.

In 1788, British ratifiedity overrode native customary law in Australia. Although only Australian uprightness (of a parking area police heavy system) is officially recognised nowadays, customary penaltys subscribe been adopted in several cases. Australian truth and commons Law argon very different. The statement - Law is mean(a) on person and fellowship beliefs and set. These concepts atomic number 18 true for Australian Law and for usual Law - suggests that differences in the midst of the legal systems arise from the different beliefs and values held by the devil societies. In Australian Law, punishment is a receipt to an vicious act. Punishment intromits taking away liberty and/or taking away property. Punishment is issued by a tribunal found on the offenders criminal accounting, and sometimes age and sex. However, in Customary Law, the punishment is base on the sex, status and history of twain offender and victim. Punishments are based on the mak e on the victim rather than on the actual wrongdoing. Thus, punishments are apply as retri more(prenominal)overion. Punishments in customary law include restitution, literal and physical abuse, magic, exclusion, banishment and dying. Both legal systems use punishments that differentiate the way the alliance and individuals perceive punishment and offences. Customary Law punishments involve the use of corporal and capital punishment because Aborigines do not perceive physical force or demolition as being wrong for punishment. However, in the Australian legal system, such punishment is not used because of individual and community values. The different punishments also reflect what is important to individuals. In Australian Law, taking away property is a punishment because coetaneous Australians value ownership. In customary law, exclusion and banishment were utilize for serious offences because of strong kinship beliefs. The use of different punishments in Australian and C ustomary Law shows that both systems are bas! ed on individual and community beliefs and values.
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In Australia, This analyze is ok. With a lil geek more work this could be a considerable essay. You dont actually have a strong introduction or conclusion. Introduction-state what the essay is going to look at. Body- look at it. Conclusion-state over again what has been looked at. You could sanction your essay buy using specific examples. I quality that you didnt really answer this question: Evaluate the strong point of Aboriginal Customary Law compared with Australian law in regards to punishment and ownership. You say that both are effective but you dont go into the pros and cons of either or conclude each arguement with an opinion. want I said it could be good with a lil more work. small try tho =) If you want to get a undecomposed essay, order it on our website: OrderCustomPaper.com

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