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THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS - 696. 'Old Custom' or 'Murri Law'.
In essence, 'old custom' is the Aboriginal way of resolving disputes
at Edward River which arise as a result of transgressions of local
rules of behaviour. The Aboriginal court system on the other hand
is seen as the 'white man's' way of assessing transgressions and
applying punishments to them. [84] 'Old custom' law as it operates
at Edward River has an unwritten but well understood code of
behaviour or 'right conduct', and there are clear procedures to be
followed by these seeking redress for breaches of the code. Common
breaches of conduct that would require some form of action include:
1. Omission of kinship duties - principally revolving around the
distribution of food and gifts.
2. Mistreatment - this usually arose in domestic context and
involved unfair physical violence.
3. Infidelity.
4. Breaches of bestowal expectations and arrangements.
5. Insult - this could involve using the personal name of a
recently deceased person or swearing with the intention of provoking
someone else.
6. Threatening or causing injury.
7. Trespass - for example encroaching into another's country or the
resources of that country.
8. Failure to consult or to acknowledge rightful decision-making
authority.
9. Homicide.
10. Breaches of ceremonial ritual codes. [85]
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