Browsing Reports by Subject "colonialism"
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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 LawThis 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.
Short Papers Prepared for the Law Reform Commission While in AustraliaThese four brief papers were submitted for the consideration of the Law Review Commission of Australia (later the Australian Law Review Commission) in its inquiry about whether it would be desirable to apply, either in whole or in part, Aboriginal customary law to Aboriginal and Torres Strait Islander people. The author presents suggestions and information based on his research on traditional law ways among Alaska Native peoples and the relationship between indigenous law and the western law system in Alaska.