SOSC 1375 Lecture 4: LECTURE 4- Indigenous Perspectives and Legal Pluralism
Document Summary
Laws grow from customs, social behavior and norms. Law draws a boundary of acceptable and not acceptable. Legal pluralism: two or more legal systems coexisting together in one geographic area. 718. 2e): specifically instructs judges to look for alternatives in imprisonment for aboriginal people: v. gladue (1999) Stabbed her bf in 1989 because he cheater on her. Living on reserves and being isolated from us. Effectively work for aboriginals, but should be targeted towards everyone. Importance of elders they survived life and carry more experience. Harmony as an overriding principle in disputes and creation stories. Non guilty plea to a charge for which a person is responsible for in western tradition = not dishonest and in. Penalties for crimes carried out by the whole clan. Answer: harmony as an overriding principle upon which aboriginal society/law was build. Culp vs resp: whos to blame for the crime and whose responsible. The individual is both culpable and responsible in western community.