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    Narrative Report to Law Reform Commission of Australia on Results of Field Trip to the Northern Territory Pursuant to the Reference on Customary Law

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    8023.03.conn.1980.law-reform-a ...
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    Description:
    report
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    Author
    Conn, Stephen
    Keyword
    Alaska Natives
    Australia
    colonialism
    courts
    customary law
    justice administration
    legal pluralism
    traditional law ways
    Metadata
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    URI
    http://hdl.handle.net/11122/10725
    Other identifiers
    JC 8023.03
    Abstract
    This submission to the Law Review Commission of Australia (later the Australian Law Review Commission) makes recommendations regarding to what extent existing courts or Aboriginal communities themselves should be empowered to apply Aboriginal customary law and practices in the trial, punishment, and rehabilitation of Aboriginal offenders. The report is based on field interviews in six Aboriginal communities in the Northern Territory of Australia as well police, magistrates, solicitors, legal aid field officers, the Crown Solicitor of the Northern Territory; and community advisors and staff of the Department of Aboriginal Affairs. The report discusses the relationship between indigenous law and the western law system derived from the British common law system as one of legal pluralism — more than on legal process at work in the same environment at the same time — and draws comparisons between legal pluralism as it exists in Australia with the situation in Alaska.
    Table of Contents
    Introduction / The Field Investigation and Its Results / The Relevance to the Reference on Customary Law of Western Legal Activity / Overview: The Context of Reform / Interaction in Australia / Customary Law and Legal Development / Further Consideration of the Problem as an Aspect of Planning / Local Justice and State Justice: The Quest for a Balance in the Northern Territory and Alaska / Comparison With Australia's Northern Territory / Alaska: Why Both Systems Are Needed / Police / Abuse of Protective Custody / Arrests / Bail / Magistrates and Justices of the Peace / The Lay Assessor Experiments / Corrections and Juvenile law / Coombs' Suggestions and the Appointment of Justices of the Peace / 'I'he Burning Spear / Further Advantages of a Mediation or Arbitration Forum / Aboriginal Legal Aide / Justice in the Towns / The Prisoner's Friend / Legal Education for Aboriginal People / New Legislation for Settlements: Prospects and Peril / Conclusion / Footnotes / Bibliography / Appendices
    Date
    1980-07
    Publisher
    Justice Center, University of Alaska Anchorage
    Type
    Report
    Citation
    Conn, Stephen. (1980). Narrative Report to Law Reform Commission of Australia on Results of Field Trip to the Northern Territory Pursuant to the Reference on Customary Law. Submission to the Law Reform Commission of Australia under Ford Foundation grant. Anchorage: Justice Center, University of Alaska Anchorage.
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