Narrative Report to Law Reform Commission of Australia on Results of Field Trip to the Northern Territory Pursuant to the Reference on Customary Law
dc.contributor.author | Conn, Stephen | |
dc.date.accessioned | 2019-12-16T19:56:05Z | |
dc.date.available | 2019-12-16T19:56:05Z | |
dc.date.issued | 1980-07 | |
dc.identifier.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. | en_US |
dc.identifier.other | JC 8023.03 | |
dc.identifier.uri | http://hdl.handle.net/11122/10725 | |
dc.description.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. | en_US |
dc.description.sponsorship | Research in Australia conducted pursuant to a Ford Foundation travel grant | en_US |
dc.description.tableofcontents | 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 | en_US |
dc.language.iso | en_US | en_US |
dc.publisher | Justice Center, University of Alaska Anchorage | en_US |
dc.subject | Alaska Natives | en_US |
dc.subject | Australia | en_US |
dc.subject | colonialism | en_US |
dc.subject | courts | en_US |
dc.subject | customary law | en_US |
dc.subject | justice administration | en_US |
dc.subject | legal pluralism | en_US |
dc.subject | traditional law ways | en_US |
dc.title | Narrative Report to Law Reform Commission of Australia on Results of Field Trip to the Northern Territory Pursuant to the Reference on Customary Law | en_US |
dc.type | Report | en_US |
refterms.dateFOA | 2020-03-07T01:34:26Z |