In 1788, British law overrode native customary law in Australia. Although only Australian uprightness (of a general police heavy system) is officially recognised nowadays, customary penaltys bear been adopted in several cases. Australian fairness and rough-cut Law argon very different. The statement - Law is show on person and fellowship beliefs and set. These concepts atomic number 18 true for Australian Law and for normal Law - suggests that differences amid the sanctioned systems arise from the different beliefs and values held by the 2 societies. In Australian Law, punishment is a receipt to an wrong act. Punishment intromits victorious away liberty and/or taking away property. Punishment is issued by a tribunal base on the offenders criminal accounting, and sometimes age and sex. However, in Customary Law, the punishment is found on the sex, status and history of both(prenominal) offender and victim. Punishments are based on the make on the vic tim rather than on the actual wrongdoing. Thus, punishments are implement as retri only whenion. Punishments in customary law include restitution, vocal and physical abuse, magic, exclusion, banishment and dying. Both legal systems use punishments that scar the way the familiarity 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 expiration 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 contemporaneous Australians value ownership. In customary law, exclusion and banishment were apply for serious offences because of strong kinship beliefs. The use of different punishments in Australian and Customary Law shows that b oth systems are based on individual and comm! unity beliefs and values.
In Australia, This analyze is ok. With a lil geek more(prenominal) work this could be a coarse 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 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 potential of Aboriginal Customary Law compared with Australian law in regards to punishm ent 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. standardized 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
If you want to get a full essay, visit our page: write my paper
No comments:
Post a Comment