Traditional laws were upheld by passing information from one generation to the next, often through stories told in ceremonies. Clapping sticks such as these were used to clap a beat to dancing and singing.
TRADITIONAL LAW
Indigenous law is based on the culture’s spiritual beliefs that were laid down before man, in the Creation time.
Traditional Indigenous law is a set of rules which guide the people in all aspects of their life.
However, Indigenous people living a traditional life do not have a central political structure with chiefs or formal governing bodies.
Traditional society’s organisation, rules and expectations are clear to all but they learn these rules from ritual, ceremonies and Elders.
Senior initiated men have the most authority as bearers or custodians of the law. This is different to Western society because traditional Indigenous society is not as hierarchical or based on such strong governing bodies as Western political systems. Decisions are made more by consensus than by governing leaders.
Holders of sacred knowledge have the most respect and the most say in the control of the society. They are the interpreters and guardians of the Law and dealings with the law are usually secret and sacred.
'Bosses' sometimes emerge for particular reasons, because they own rites, ceremonies and songs which can only be performed with their blessing.
In ‘hearth groups’, whose family members camp and eat together, male and female influence is more balanced and varied depending on the dominance of the individual’s personality.
Family, place of origin, kinship position and totemic affiliations, as well as age or gender, all affect how Indigenous society is organised and the power of its individuals in decision-making.
Combat is often conducted ceremonially to give the offended person the chance to gain satisfaction and respect.
Secret ‘men’s business’ and ‘women’s business’ also mean that men and women have areas of authority that exclude the other.
When laws are broken, punishment is premeditated, swift and an acceptable part of traditional Indigenous life.
Breaking prohibitions about sacred things, offending relatives and not fulfilling obligations are some ways the law can be broken.
Going unannounced into another group’s home country is dangerous and could result in punishment. Dire wrongs, such as disclosing the nature of sacred objects would also result in punishment.
Reciprocity or ‘pay-back’ occurs in traditional society between individuals or groups when a harm is done. Revenge equals the original injury. For example, if a woman is ‘stolen’ the woman has to be returned and a ceremonial fight held or a woman is ‘stolen’ in return.
By traditional law, combat is often conducted ceremonially to give the offended person the chance to gain satisfaction and respect.
Exile is the most severe form of punishment and only occurs under extreme circumstances. Isolation from one group usually means that no other group will accept the person, therefore leaving him or her socially and spiritually alone. The misery is likely to lead to physical breakdown and even death.
Traditional Indigenous law is still central to life in some Indigenous communities, but for most Indigenous people, Australian law is the most important legal influence on daily life.
