SOSC 1375 Lecture : Indigenous Perspectives and Legal Pluralism (Jan 29).doc
12 Mar 2013
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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) 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 aboriginal tradition = dishonest. Penalties for crimes carried out by the whole clan. Answer: harmony as an overriding principle upon which aboriginal society/law was build. Murder in western tradition an offence against the state. Murder in aboriginal tradition an offence against the family/clan of the victim. Criminal activity is a collective responsibility of a tribe. Aboriginal truth" - the whole truth is a collection of everyone"s responsibility. Mostly for offences for which punishment would be under 2 years in prison: v. moses (1992)
