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Law and justice

Principal focus

Students understand the nature of law and justice, the place of law in society and the values that are embodied in the legal system.

Themes of course
Key questions and Issues
Outcomes
Content 
Revision
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Themes of course

Justice law & society	Continuity and change
Culture, values and ethics	Legal process and institutions
Conflict and cooperation	Effectiveness of the legal system

Key questions and issues

	To what extent is the law influenced by the society in which it operates?
	What characterises a just law?
	Does formal equality before the law hide institutionalised inequality?

Outcomes 

A student:-

H2.1	explains the origins and sources of Australian and international law
H2.2	compares similarities and contrasts differences in relation to customary law, statutory law, common law and international law
H3.1	analyses the interrelationship between law, justice and society and the changing nature of law
H3.2	assesses how cultures and values of different groups within society impact on the legal system
H5.1	selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias
H5.2	investigates, analyses and synthesises legal information from a variety of perspectives and presents the findings of investigations
H5.3	communicates through well-structured texts to describe, explain, argue, discuss, analyse, evaluate and apply legal information, ideas and issues using appropriate written and oral forms.

Stage 6 syllabus Legal Studies © Board of Studies NSW 1999

Content

The essential influences on law

The concept of the rule of law
The Social, cultural, moral, political and economic influences

Nature of law

Development of law as a reflection of past and present society
Customary, common law and civil law systems
Doctrine of natural Justice
The purpose of different types of law
Domestic and international law
Public and private law
Civil and criminal law
Contract law
Tort law
Property law
Aboriginal and Torres Strait Islander customary law

Content

The essential influences on law

The concept of the rule of law

The rule of law is generally taken to mean the absence of arbitrary power: that a person can be punished only under the ordinary law and by the ordinary courts and not at the whim of the executive government or any other group in society, including the media. Everyone, including officials, is subject to the ordinary law and courts. One of the essential characteristics of effective law is that laws need to be consistent across the society.

Under this principle there can be no laws made specifically against a particular person.  This rule of law is enhanced by public awareness, so free independent media are essential. The media can highlight court proceedings and create an impetus for action to be taken. In Australia the court system is also the "guardian" of civil rights, but in recent times there has been a shift towards less liberty.

The ideas of equality before the law and the freedom from arbitrary power are important today. Since the 1950s these concepts have been taken up in the international community, through the United Nations . Those with wealth often have power and make the laws often to benefit themselves. Technological advancement in world communications has meant that abuses of the rule of law are more likely to be publicised to the world community than was previously possible.  During the Dili massacre Indonesian soldiers shot people. These images were televised live via satellite to the USA. The autocratic regime of Suharto could not cover the act up, as it was able to do with the "free" vote in Irian Jaya in the 1960s.  On the world scale, leaders are now held much more accountable for their actions. The events in the former Yugoslavia illustrate how difficult it is for regimes to "overstep" the line as to what is acceptable in the international community.

Activity (H2.2, H5.2, H5.3)

Explain the meaning of the concept of the rule of law.
Investigate how the concept of the rule of law is applied in Australia.
Evaluate the role of the media in the application of the rule of law, both domestically and internationally.
Compare the application of the rule of law within the Australian society with the application of the rule of law in the international community.

The social,cultural, moral, political and economic influences on law

Social  and cultural influences

Within each society there is a  set of attitudes and beliefs that are shared by the majority of members of the society. These attitudes and beliefs reflect what is valued and what is believed to be right and wrong and, therefore, what is acceptable to society. The laws created by society  reflect the values of the dominant cultural group.

Many laws are similar in all societies, such as the law forbidding murder; however enforcement and punishment may differ. Many other laws, however, are based on culture, customs and religion. Values and attitudes are a reflection of beliefs and therefore laws developed in one society can differ from those in other societies. Compliance with law can also vary depending on societal attitudes. Sub-groups within a society may have different attitudes with the law. The culture of these groups might mean that certain behaviours that are acceptable within one group within society may not be accepted by others. The codes of behaviour of the poor and disadvantaged might not be the same as those for the advantaged in society. 

Moral influences

Moral values generally refer to the standards of behaviour that are accepted by the society. They reflect what people believe to be right or wrong. These values are often a reflection of religious beliefs, and they also form the basis of criminal law. Again there can be wide divisions between various groups in society about what is morally right. The freedom of different groups to practise their own standards of morality depends greatly on the nature of the political system and economic factors.  The freedom of religion is generally an accepted moral right here in Australia, but when that practice has adverse effects on others in society, that freedom may be restricted.  This can raise many moral dilemmas, such as the child of parents who believe blood transfusions are against the law of God. What should the doctor do: ignore the parents and save the life of the child, or let the child die? In a recent case in England the court was asked to decide which of two Siamese twins would be given a chance to live, as separation of the infants would result in the death of one child. If they were not separate they both would die. Eventually the court applied the defence of self-defence to the matter and allowed the stronger infant to live, against the will of the parents. The Guardian Article Siamese twins' parents launch appeal August 31, 2000 goes into this issue in more detail.

Political influences

This refers to the system of government and the methods of making and enforcing laws.  The Commonwealth of Australia Constitution Act (UK, 1900) sets out the rules for government in Australia.  It sets out the powers of the Federal government and the State governments. It recognises the concept of democracy  and the system of representative government.  This, too, is a reflection of Australia's social and cultural values. The Eureka Stockade was a result of laws made by people who were out of touch with the feelings of the miners, but after the disruption Peter Lalor was elected to the Victorian parliament.  This, and the early adoption of universal suffrage, indicate that Australia was a place where the old traditions of Europe were out of place. The right to rule just because of birth or wealth did not have much of a following in Australia, and as a consequence the laws were adapted to meet the expectations of the people.

In Australia, the system of representative government ensures that political power is monitored by the people at election time. In recent times there have been many examples where politicians who have been in power for long periods suddenly have their mandate removed, especially if the electorate is seeing the government as out of touch with the community. This has been greatly aided by much improved communications which have put the world within reach of "ordinary" people. As a result those in power are much more exposed to scrutiny than their predecessors. The political system has introduced corruption commissions, such as the ICAC  and Ombudsman to oversee the power of the executive and the bureaucracy. 

Economic influences

Economic influences on law are due to the values that embody the system of trade between individuals in society and other nations. This system of trade incorporates the right to own property, the common law right to the quiet enjoyment of that property, and the right to be protected from unscrupulous traders. These rights are valued by society and are reflected in the law. The protection of the consumer is one such value. In the absence of total self-sufficiency, all members of society are consumers in one way or another. Everyone needs to buy goods in order to survive. It is extremely important therefore that consumers be protected by the law.  This is especially true in a global market, where the final consumer can be far removed from the manufacturer.

In the twentieth century there has been an increasing demand for consumer goods. Profit is the motivating force in production and retailing. As a result some manufacturers and sellers, in their efforts to maximise profits, may become reckless or careless (negligent) in their practices, or simply exploitative, especially in third-world countries. Many companies are international in structure, and are answerable to shareholders, not the people. With the advent of packaged goods, the consumer has less opportunity to inspect goods before purchase. For the safety of the consumer, the protection of society as a whole and the continuance of a free enterprise system, it has been necessary for the law to develop to allow consumers more redress if the goods purchased are unsafe and cause injury. Companies that  do not meet standards of social behaviour, such as those found polluting large tracts of rivers, can be exposed and governments can then take action. However on the international scene in developing countries, the multinational company may have such power, the systems of education and public information may not be strong and the governments themselves can be held to ransom for foreign exchange. As a result the company may not be acting in the long-term interest of the society in which it operates. The actions of multinational oil companies in Nigeria (Africa) have left a lot to be desired. They have operated at standards that would not be accepted in more developed countries. Even within the developed world there can be wide divisions, such as the divisions of European countries on one side and Australia and the USA on the other in relation to greenhouse gas emissions.

Activity (H5.3)

Analyse how the various factors have affected the development of law in Australia.
Assess which factors are the most influential in Australia today.

Nature of law

Development of law as a reflection of past and present society

Our laws are a reflection of our past. The ideas of the ancient Athenians  gave us the concept of democracy. Their democracy was very different from the one we have today, as their system was developed for a small city-state, where it was possible for everyone to take part. Juries of 200 plus suited Athens at that time, but they are not suitable for large modern societies. As societies became larger the idea of Athenian democracy was adapted to that of representative democracy.

Laws adapt and change with the society so the society can continue to function. When Australia was first settled, British colonial law was applied, but as the nature of the population changed, especially with the gold rushes, so did the laws. The right to rule because of position and wealth was replaced with representative government. Australian systems changed to take account of the changes in society. Some of the changes have been :-

Some societies like Czarist Russia did not adapt as well and suffered the violence of a revolution when the law makers became remote from the will and needs of the people they ruled. The same can be said for most other revolutions in history.

Activity (H5.2)

Investigate how Australia's legal and institutional systems have evolved from the past to the present. Suggest reasons for these changes.

Customary law, common law and civil law systems

Customary law or 'pattern law'

Customary law or 'pattern law' Customary laws, in relation to an Aboriginal community, means the customary laws, traditions, customs, observances, practices and beliefs of the community. These customary laws may vary from community to community.

One way to try to understand customary law is to listen to the words of particular senior traditional Elders. The following extract is taken from a transcript of the Radio National program, The Law Report (31st October 1995). The conversation is between David Mowaljarlai, a senior traditional lawman of the Ngarinyin people in the West Kimberley and Hannah Rachel Bell, a cultural philosopher who spent years working and writing with Mowaljarlai.

Full transcript

Customary law is also exercised by the British Houses of Parliament. In both cases the acceptance of this law comes from many years of practice that gives those in power the authority to exercise that power.

Common law

Common Law is the law made by judges, as opposed to the law made by statutes. This system of law, used in England and other common law countries, relies on the statements of judges rather than the law made by parliament. These statements become precedents which are recorded in case law records.

Common law is made through the courts and arises as a result of a case being taken to a higher court for a decision to be made. If the decision is important and adds to previous law, it will be reported in the law reports and made accessible to researchers, including lawyers advising their clients. 

This system of law making enables the law to respond to changes in society. Judges can distinguish, (reverse, overrule, disregard ) cases which they feel are no longer relevant to society. It does, however, rely on judges being aware of the changes in society. If a judge makes a statement out of step with current trends in society, the society, through the media, can "educate" the bench. This was done when a South Australian judge gave a direction to the jury that when a woman says "no" to sexual intercourse, she sometimes means "yes". That judge's attitude was quickly recast by Australian society, to the more accepted view in Australia today.

Civil law

Civil law is a wide-ranging section of law that deals with "civil" disputes, that is, disputes between people and / or organisations, since an organisation can have a legal entity (i.e. it can sue and be sued).

There are many aspects to this branch of the law. Civil actions are brought by the "injured" party. The plaintiff sues, or brings an action against, the defendant, seeking damages.  This law was developed in countries like France, Italy and England during the middle ages, when often the church was the arbiter of disputes.

Civil law is concerned with the enforcement of individual rights. The distinction between civil and criminal law is essential to the legal system as the consequences of enforcement differ. A breach of the criminal law results in punishment of the guilty party, while the consequence of civil action is a remedy for the wronged person. Civil law covers many aspects of life and includes torts, contracts, family law, business law, wills and succession, industrial law and trust law.

Activity (H2.2)

Compare similarities and contrast differences in relation to the systems of customary, common and civil law.
Examine the reasons for the division of law into these three categories. 

Doctrine of natural justice

The doctrine of natural justice implies a duty for the arbiter to observe one (or both) of the following rules:

1. The hearing rule: The decision-maker must afford an opportunity to be heard, to a person who will be adversely affected by a decision. (The arbiter must hear your side of the story.)
2. The rule against bias: The decision-maker must be disinterested or unbiased in the matter to be decided. (For example, arbiters must not make a decision that affects themselves or members of their family as well as you, or they should let someone else make the decision if they don't like you.)

Put in its simplest form, the requirement to observe the rules of natural justice can be described as the requirement to be "fair".

Under the rule of law, natural justice is implied in all actions of State organisations, Tribunal, or in any government process that affects people's rights or reputations. The rule also applies to non-government bodies, even to sporting clubs.

Interference with a trader's livelihood - especially withdrawal of a licence or non-renewal of a licence, will nearly always require exercise of the rule. However, with loss of employment, the exercise of natural justice is required only in the cases of salaried employees or the holders of public office.

Whether or not natural justice applies depends on how closely the decision is likely to affect an individual's livelihood. For example, in cases involving professional sporting people required to appear before disciplinary tribunals, natural justice is always implied. Note that a footballer who is charged does not have a right to insist on the application of natural justice; rather the courts maintain that the judiciary has a duty to make sure that he gets it. The right to be heard does not necessarily mean that a person must be present. Natural justice requires people to have the charges brought to their notice so that they have an opportunity to present their side.

Exclusion from principles of natural justice. Because this is a common law concept, it can be overturned by statute. The courts originally said that if the legislature wanted to exclude the principles of natural justice then it must, in the law, do so expressly and plainly so that the intention was clear.

Activity (H5.3)

Explain the concept of natural justice.

The purpose of different types of law

Domestic and international law

Domestic law is the law that applies within the "Queen's Peace", or the jurisdiction  of the country or state.  The purpose of any law can be said to regulate the society in which it operates and to provide guidelines for the citizens of the state. 

Domestic law is needed to provide a framework so individuals can live in society with minimal conflict and hopefully with maximum harmony. This is seen as part of the social contract, where individuals give up some of their own individual freedom in return for the protection of the State.  The laws therefore need to protect the rights of individuals and the society. The State can impose punishments on those who break the laws.

Domestic laws also provide a code of acceptable behaviour for citizens. They inform the public about what is acceptable and what is not acceptable behaviour. In this way people are more aware of what they should do and how they can deal with other members of the community. For this to operate effectively the law must also provide for a peaceful mechanism to deal with disputes.  Courts, tribunals and alternative dispute resolution procedures have been established to enable disputes to be resolved as fairly as possible.

As a result of this, domestic law has developed a structured framework to handle disputes and to make laws. Laws are made by the legislature, by the courts or by a delegated authority.

The main purpose of International law is to provide a framework for settling disputes without recourse to violence.  International law is relatively new. It has only really started to develop since the advent of the United Nations. Early treaty agreements did establish conventions like the "Law of the Sea". This came about with the advent of more international trade in the 19th century. It has only been in recent times that more attention is drawn to international law.  International law is mainly customary law. It has built up as a  result of conventions and agreements within the United Nations, and decisions from the International Court of Justice in the Hague. In recent times there has been increased willingness for the United Nations to take actions to enforce these conventions. 

In general the conventions are enforced by moral persuasion rather than by force. With the advent of world-wide communications and its easy access, people can be more readily informed and they in turn can demand action from their respective governments. Human rights abuses in China, in the former Yugoslavia, and in East Timor are just some examples.  With the East Timor crisis, the demands for actions were well in advance of the machinery of government. Internet sites were established literally overnight, and provided phone and fax numbers from everyone, from the Secretary-General of the United Nation down to the militia leader in East Timor. Public knowledge of the events in East Timor prompted action from governments.

United Nations conventions cover many areas, from the International Labour Organisation to the conventions on greenhouse gas emissions and world heritage areas.  The degree of compliance varies from country to country. Australia sought an increase of 8% in emissions at the Kyoto conference, and the United States agreed to cut back on greenhouse emissions at the convention. But domestic political pressures from the major oil companies look like leading the United States legislature not to ratify the agreement, because of domestic political pressure.  This is one of the weaknesses of international law. There is no mechanism for enforcement apart from moral pressure, and usually things have to get very bad before combined action is taken, as in the case of East Timor, Yugoslavia, Rwanda and many other places.

For more detail, click on Australian International Treaties   or Australia and International Treaty Making Information Kit , and for detail on International Law go to the United Nations International Law site.

Activity (H5.3)

Discuss the purpose of domestic and international law
Evaluate the effectiveness of international law, especially in relation to the application of human rights within Australia.

Public and private law

According to law, individuals are legal persons, but so are organisations, companies and the State, even though they are made up of numbers of individuals. Parties to a dispute may be large companies, or the Crown ( or State).

The State is the most important legal entity because it has the power to make and enforce the laws under which people live. The State was created under the law, and must follow the legal rules which define how it may make laws and how it may enforce them.

The law can be classified as public law and private law.

Public law is the body of rules which applies to or is especially concerned with the State. It includes:

	constitutional law and administrative law (the laws which govern the powers and privileges of the executive government and public authorities, and how they are used);
	criminal law; and
	industrial and commercial law.

The main purpose of public law is to regulate the society as a whole. It aims to provide the guidelines to the behaviour and the expectations which the society has for its citizens. This law affects everyone in the society, and through its various branches attempts to control and guide individuals within the society as to what the expectations the society has for those individuals. Public law has the power of sanctions, including the deprivation of liberty as the ultimate sanction.

Private law includes those areas of law which govern private relations between legal persons. It includes:

This branch of law has as its main purpose the settling of disputes between members of the society. It generally provides an effective means of settling disputes. Private law does not usually involve sanctions; more often it aims at compensation for harm done.

Civil and criminal law

Although crime is an ever present part of the law, it is really a very small part. A much larger area of law is what is known as civil law.

Civil law covers such things as contracts and torts, commercial law, copyright, revenue, administration, local government, family, bankruptcy, companies, education, health, housing, property, employment and environment and in fact, everything that is not a crime.

Thecriminal law is concerned with the establishment and continuity of public order. "Criminals" are people who commit a crime as defined by the state. The concept of what should be a crime can change over time. For example, in past centuries, suicide was regarded as one of the worst possible crimes. Because advances in medical science keep people alive longer, the Northern Territory introduced a euthanasia bill. (This was later overturned by the Federal government which has the power to do so because the Northern Territory does not have the status of a state).

How society decides what is a criminal and what is a civil wrong can be a complex issue. The same facts can give rise to criminal charges and a civil suit against the offender. For example, if a camera is given to someone to mind and that person goes off with it, that person is guilty of stealing: a criminal offence. The person is also guilty of the civil offence of conversion and can be sued by the owner under tort law. The standard of proof needed in each is also different.

Contract law

Another branch of civil law is the law of contract. A breach of a contract is a breach of an agreement fixed between the parties of the contract.

Contract law is an important area of commercial law. Every day millions of contracts are made: when an employer hires an employee, when a bus ticket is bought or when a real estate agent sells a house. When a person enters into a valid legal contract and one party fails in his or her obligations under that contract, the innocent party may institute legal proceedings in order to gain compensation for any loss suffered.

The main purpose of the commercial arm of the law is to provide the structure needed for the orderly operation of commercial transactions. When contracts are entered into, both parties have agreed to the express terms in that contract. When issues arise that are not specifically covered in the contract, the legal system reads into the contract the implied terms of the contract. In  other words the court will decide what a "reasonable" person would have done if he or she had brought the issue before the court. In this way the legal system attempts to deal with all the possible issues that can occur in contract law, and provide guidelines for the settling of disputes. 

As global communications continue to grow, the scope of contract law is taking on international aspects. As a result of this there has been a growth in the international conventions that cover commercial transactions, as well as an increasingly complex structure to contract law, especially as companies become larger and more international in structure.

Check the Legal Risk in International Transactions site by the Australian Law Reform Commission.

Tortlaw

Torts are civil wrongs and these can be broken down into the torts of negligence, defamation, nuisance or trespass.

Negligence

People can claim negligence if they can show there was a duty of care owed, that the duty of care was breached and that they suffered as a result of that breach of duty of care. An example of negligence would be where a person carelessly allows some poisonous substance to leak out of his or her property and this substance causes damage to a neighbour's property. When working with dangerous substances, people owe a duty of care to their neighbours to take every precaution to avoid such occurrences.

Defamation

An action for defamation seeks to protect the character of a person who has been discredited. It used to be either one of the following:

Today the distinction between the two types of defamation has been blurred. The law treats libel and slander under the general term defamation.

Nuisance

An action for nuisance can be either:

	private nuisance: an act committed in the use of a person's land that interferes with another person's enjoyment of his or her land
	public nuisance: an unlawful act or omission that endangers the comfort, health, lives, property or safety of people within the area of the act or omission, and which directly affects them. These acts can also be criminal acts.

Trespass
Trespass can be divided into three different categories:

This wide-ranging area of law deals with disputes between people. It would be impossible for legislatures  to deal with all the possible combinations of disputes that arise between members of society.  Tort law is an attempt to deal with the problems in an orderly and peaceful manner to maintain the cohesion within society.

All members of the community have rights and responsibilities. Tort law protects the rights of individuals to live their lives without interference from others. It also imposes the responsibility not to infringe others' rights and to allow others to live their lives without interference. People have a right to privacy, for example, the right to enjoy their property in the way they like, but only to the extent that anything they do does not infringe someone else's rights. Society accepts that some actions are reasonable and others are unreasonable, and the law has to reflect these values, taking into consideration any conflicting opinions that exist within society.

The legal system generally works well and is constantly updated and improved. The parties are protected by rules of evidence and procedure and the right to natural justice, that is, that a person be treated fairly. Natural justice includes the right to be heard by a court or tribunal and the duty of the court or tribunal is to treat the person without bias.

Property law

This is an area of mainly private law that attempts to regulate the rights and obligations of people in relation to the property they can own and dispose of. In some instances this can extend into public criminal law, such as with the ownership of fully automatic weapons, the ownership of which the States have made illegal, following the Port Arthur massacre.

In some instances the State regulates what individuals may own, and how they can trade in the goods. The opium industry of Tasmania has very strict controls over the production of opium poppies for medical supplies. However, in most cases, property law is most commonly associated with contract law. It attempts to set out the principles for ownership of property and how that property can legally change ownership. One of the most common would be the laws associated with land sales. The conveyancing rules set up by state governments attempt to spell out the rights and obligations of those who buy and sell land.  This is an attempt by the law to solve disputes before they become disputes by having clear guidelines as to the procedures for land sales. One example of this was the introduction of anti-gazumping legislation, which attempted to solve the problems created by people who thought they had a sale being told that another buyer had offered more, thus forcing the prices up.

Aboriginal and Torres Strait Islander customary law

Aboriginal & Torres Strait Islander customary law

From the earliest days, European contact tended to undermine Aboriginal laws, society, culture and religion - a process that is a continuing one. Aboriginal people continue to face difficult choices about their lives and their place in their own communities.

"As a general principle, we want Aboriginal law to rule on Aboriginal land, and to some extent to rule Aboriginals outside Aboriginal land. For example, we would like to have the power to take our own people away from towns and hotels (if they are getting drunk or into trouble) back to our own community. Or if a young fellow steals a car, or makes trouble, we want to be able to take them back to our own system of law. We want to keep traditional punishments ... We feel that gaol sentences in white man's system do not solve many problems .... If a marriage is illegal by our law (e.g. too close relatives) we want the power to stop or annul that marriage... Illegal marriages of our people in white man's churches and towns, has caused deep trouble in our system of families and relatives. We MUST STOP this before more damage is done. Motor registration, insurance, drivers licences, worker's compensation etc. we think should all stay the same as they are".
Aboriginal Elder, Northern Teritory

Support for traditional authority is necessary if Aboriginal peoples are to be able to retain their traditional life style. The erosion of traditional authority of Aboriginal leaders and the resultant weakening of Aboriginal customary laws have often been cited as an argument for the recognition of customary laws.

Changes in government policy towards Aborigines have increasingly led to the acceptance of the idea that Aboriginal peoples have (within certain limits) the 'right' to retain their racial identity and traditional lifestyle. This idea is made explicit in the Commission's Terms of Reference. To assist in the exercise of this right, steps have begun to be taken by Australian legislatures to recognise Aboriginal traditions and the Aboriginal heritage in a variety of ways. These have included:

• the conferral in some areas of land rights based in part on traditional affiliations with land, and recognising traditional rights to use or control land;
• a degree of protection of Aboriginal sacred sites and other aspects of the Aboriginal heritage; o the protection of Aboriginal hunting, gathering and fishing rights;
• the recognition of traditional Aboriginal marriages for certain purposes;
• some provision for traditional distribution of property on death.

Similarly the courts, confronted with the reality of Aboriginal adherence to different or conflicting rules or values, have attempted to take Aboriginal customary laws and traditions into account in ways such as:

• the exercise of sentencing discretions;
• the application of defences based on provocation, duress and claim of right;
• treating loss of traditional status and privileges as a compensatible injury in road accident cases.

There is widespread agreement amongst Aboriginal people on certain general matters, such as the need for the 'two laws' to work together. A number of Aboriginal communities expressed a keen desire for the general legal system to support those with traditional authority, in their endeavours to deal with offenders in their own communities.

Definitions

customary laws: in relation to an Aboriginal community, means the customary laws, traditions, customs, observances, practices and beliefs of the community.

law: in relation to a part of Australia, includes the principles and rules of the common law and of equity in force in that part of Australia;

All of the above material has been taken from: The recognition of Aboriginal customary laws Report, Law Reform Commission, Australian Government Publishing Service, Canberra, 1986.

For more details go to the Human Rights and Equal Opportunities Commission site for information and links to various issues and statistics.

Activity (H5.3 H3.1)

Explain the purpose of the different types of law. How did each originate and how are they applied in Australia today?
Explain the differences between public and private law, civil and criminal law .
Discuss contract law, tort law and property law.
Analyse the interrelationship between Aboriginal and Torres Strait Islander customary law and Australian civil and criminal law.

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