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Integrating Indigenous Law Into Mainstream Courts

1495 Words6 Pages

Indigenous Law and Justice: an Integrated Approach Over the past few years, integrating Indigenous law into mainstream courts has been a topic of discussion in Australia. This essay discusses the importance of incorporating Aboriginal law into mainstream courts and its significance to Aboriginal and non-Aboriginal people. Incorporating Indigenous law into mainstream courts will help build stronger relationships between Aboriginal and non-Aboriginal people by showing mutual respect for laws and values. This will make the justice system fairer and more aligned with the Aboriginal people's unique cultural and legal traditions. It will also allow for a better understanding of Indigenous law, which can benefit everyone in the legal system. Integrating …show more content…

Firstly, it aims to address the overrepresentation of Indigenous people in the criminal justice system by providing culturally appropriate and restorative justice mechanisms (Daly, 2016; Marchetti & Daly, 2004). Secondly, Marchetti and Daly (2004) emphasise the importance of empowering Indigenous communities by involving them in decision-making and giving them a voice in matters that directly affect their lives, according to Ryan et al. (2006). Third, it aims to promote healing and reconciliation by acknowledging the historical injustices and ongoing effects of colonisation on Indigenous communities (Griffiths et al., 2016). Mack and McNamara (2011) state that while Indigenous courts have progressed in addressing these goals, there are still ongoing challenges. Moreton-Robinson (2015) argues that the courts have made some progress in providing culturally appropriate justice services and fostering community engagement. However, they have not significantly reduced the over-representation of Indigenous peoples in the criminal justice system (Marchetti & Daly, 2004; Moreton-Robinson,

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