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The Forum > Article Comments > Different justice? > Comments

Different justice? : Comments

By Sara Hudson, published 6/8/2012

Obligations to family are not unique to indigenous culture.

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I agree wholeheartedly with this article.

If anybody seeks to argue that payback is or should be part of Australian legal systems, let's hear it, because I am unaware of any rational or reasonable justification for such behaviour.

As for payback and ARL: try using that approach on any sporting field and you will very soon find yourself in conflict with the referee and the rules of the game. This is exactly the same in life generally.
Posted by JohnBennetts, Monday, 6 August 2012 8:21:25 AM
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...This article, although I agree in principal with it, stretches the argument in favour of the status-quo, by extreme example.

...More interesting is an aside from one of the examples of inequality; the national pass-time of the police to force drivers to abandon their vehicles on the side of the road when found to be driving unregistered vehicles.

...A butcherous and totally arbitrary bit of State collaboration with Insurance companies this practice is, which highlights the ineffectiveness of a system which extracts money on a “median-charge” of user pays, afflicting the poor of our community with an overburden of unaffordable premium content, to the drain on scarce family resources and the imperative personal transport (the car), is to families in the modern age.
Posted by diver dan, Monday, 6 August 2012 10:28:30 AM
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Customary law has no place in any society when it uses violence as a means of punishment. And there is nothing customary about being attacked with a machete or any other weapon made using modern materials. Aboriginal culutures have been corrupted ever since they had contact with non-indigenous people (including the Macassans).

The problem seems to be with the notion that if it is cultural (or labelled cultural) then it should be protected. What a load of rubbish. Just because it is cultural doesn't mean it is good or should be kept. There are many aspects of any given culture that need to be eradicated.

Aboriginal customary law is too far removed from what it used to be to have any relevance. The new generations of Aborigines (mainly in remote areas) are losing touch with their past and have no respect for elders. Many can barely speak their own language let alone English. Traditional cultures do nothing to give hope to Aborigines in a modern world or help them engage in the mainstream economy.
Posted by minotaur, Monday, 6 August 2012 10:48:28 AM
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What a breath of fresh air! Cultural relativism is a standby excuse for paternalism masquerading as sensitivity.
Posted by EmperorJulian, Monday, 6 August 2012 4:16:44 PM
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Very refreshing to see someone bold enough to write the truth. Be careful you might end up with the Bolt haters wanting you charged. It seems the Labour party are doing there very best to have free (and truthful speach) silenced.
Posted by runner, Monday, 6 August 2012 5:26:02 PM
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Chris Graham has established himself in Indigenous affairs by favourable reporting on indigenous issues.
And over a number of years. He was the founding ( ? ) editor and still is part owner of The National Indigenous Times.
And is now employed by the NSW Adoriginal Land Council.
He is also editor of Traker Magazine funded by the NSW Aboriginal Land Council.
I have heard him described as their favourite “pet whitefella”.
But they do pay him a good wage for the privilege !

for more info www.whitc.info/ and soon www.whitc.net/

Arthur Bell. aka bully.
Posted by bully, Tuesday, 7 August 2012 9:42:24 AM
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How accurate and truthful is this article? Thank-you Sara Hudson!

The absolute tripe that is flung about as being representative of Aboriginal "Culture" suggesting that they lived in some sort of utopian paradise before the white fella came and ruined it all is nauseating.

Old aboriginal dreamtime stories are full of instances of family killings including the old folk but more often children, abduction (rape), women fleeing forced marriage and various other acts of violence. Most of these are cautionary tales for younger members of the tribe to keep them in line but also go to show aboriginal society was and is as full of the same human faults and problems as any other. As a culture Australian aborigines could hardly be described as pacifist.

But that was then and now is now. Most "Aboriginals" are of mixed race with many predominately of other racial genetics and cultural influence and very very few living anything remotely resembling a traditional lifestyle. So why keep up the pretentious BS?

Those with access to that considerable resource called "Land Rights" have every opportunity to provide very well for themselves and their dependants. Many more are well evolved into mainstream Australia. There's really no excuses that can't be applied just as equitably to any other strata of Australian culture or subculture.

I'd also point out that many aspects of so called Aboriginal law actively disadvantage those who are at most risk of abuse. So for the 'apologists' I pose the question: Are you comfortable with the absence of basic human rights for some members of a society while defending the 'right' of that society to uphold it's so-called traditional law? It's like saying we believe recent arrivals to this country should be allowed to mutilate the genitals of their female children or force them into overseas marriages because of 'culture'. I don't think so!

So I concur: ONE NATION, ONE RULE OF LAW FOR ALL, no excuses, get over it, get on with it!
Posted by divine_msn, Tuesday, 7 August 2012 11:45:27 AM
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Sara, Chris needs to do some research before he comments. In addition to the frail aged being abandoned in more cultural times, currently nursing homes around Australia are filled with elderly indigenous people who have been placed there by their family. As for obligation, that was one of the principal components of tribal life that has been totally disrupted by the implementation of welfare. Traditionally obligation worked in two directions but now, with the introduction of free money people are no longer dependant on maintaining that connection. These days many indigenous people have simply become takers, spending their own welfare money then bludging more off family members without any obligation to repay the favour. Aboriginal people earning a regular wage are particularly at risk of being "humbugged" by relatives to the extent that many find it easier not to work at all. With regard the legal process, the original cause of this whole dispute was sorcery and traditional punishment would have been a spear through the leg at the least. Would Chris Graham be comfortable with that punishment, especially if tradition was followed and the speared person was sent off into the bush alone to survive as best they could. Or would he demand a nurse and ambulance be standing by to escort the injured man to hospital as has happened in the past? That rather defeats the whole argument doesn't it.?
Posted by Big Nana, Tuesday, 7 August 2012 1:51:14 PM
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