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Word Count: 609
In 1788 British law overrode Aboriginal customary law in Australia Although only Australian Law of a Common Law legal system is officially recognised nowadays customary punishments have been adopted in several cases Australian Law and Customary Law are very different The statement - Law is based on individual and community beliefs and values These concepts are true for Australian Law and for Customary Law - suggests that differences between the legal systems arise from the different beliefs and values held by the two societies In Australian Law punishment is a response to an unlawful act Punishment includes taking away liberty andor taking away property Punishment is issued by a court based on the offenders criminal history and sometimes age and sex However in Customary Law the punishment is based on the sex status and history of both offender and victim Punishments are based on the effects on the victim rather than on the actual wrongdoing Thus punishments are applied as retribution Punishments in customary law include restitution verbal and physical abuse magic exclusion banishment and death Both legal systems use punishments that underline the way the community and individuals perceive punishment and offences Customary Law punishments involve the use of corporal and capital punishment because Aborigines do not perceive physical force or death as being wrong for punishment However in the Australian legal system such punishment is not used because of individual and community values The different punishments also reflect what is important to individuals In Australian Law taking away property is a punishment because contemporary Australians value ownership In customary law exclusion and banishment were applied for serious offences because of strong kinship beliefs The use of different punishments in Australian and Customary Law shows that both systems are based on individual and community beliefs and values In Australia wealth and economic success are measured through ownership Ownership is consequently valued and so the population is preoccupied with their
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