Agamedes points out that Australia operates under a form of democracy. One important point is, one and the same law for each and every one of us.
..o0o..
The West has had a few articles and letters about Aboriginal tribal law. Is it acceptable to physically punish a car driver who crashed a car and caused death? Is it acceptable to allow tribal punishments -- which are otherwise illegal -- for Aboriginal people?
The letter from Rosemary van den Berg (Letters, 26 Feb 2010) get close to a reasonable answer. It stalls on a them-versus-us attitude to the law.
email nick leth at gmail dot com. Need solutions? No worries. Now. |
What van den Berg and others miss, is that we are living in a particular form of democracy. In particular we -- the voting majority -- have decided that we have one law for all and that everyone is equal under that law. Sure, it doesn't always work: money and physical threats are great un-equalisers. But the concept is there: one law for all.
If we allow tribal justice for one group of Australians, we allow it for all Australians. If you want to allow tribal justice -- raise it as an election issue. But it must be universal tribal punishment. Not just when you feel like it.
An Aboriginal child crashes a car, kills another Aboriginal child. Subject to tribal punishment? Yes -- if the appropriate Australian law is passed. A non-Aboriginal child crashes a car and kills an Aboriginal child. Subject to tribal law and punishment? Under Australian law, all people are equal, so the answer would become, Yes. No-Aboriginal kills non-Aboriginal... still subject to the same law, if it were passed.
People who support Singapore-style corporal punishment may also support Aboriginal-style tribal punishment -- as long as it applies to everyone. Equally. Raise it as an election issue, you may get support.
There will be some problems to overcome.
- Is there a court of appeal, against tribal punishment? I think it will be needed, if Australia accepts tribal -- corporal -- punishment. I do not support corporal punishment. But if it happens, I hope that there will be safeguards against its misuse.
- Have you noticed that physical punishment is always set and administered by the person with the biggest stick? I don't want any Australian law to maintain that inequality.
- Who determines when corporal punishment should be used? Will it be tribal elders? If so, which tribal elders? Will we all identify ourselves as a member of a tribe, so that we know which elders will determine our punishments? We will need Australia-wide guidelines, to avoid misuse of tribal elder power.
- Who will cover the cost of hospital care after tribal punishment? Will the tough-love tribes pay higher taxes?
- What crimes will be punishable by corporal punishment? Also relevant is something that I just noticed in Wikipedia: "The phrase Nulla poena sine lege (Latin: "no penalty without a law") refers to the legal principle that one cannot be punished for doing something that is not prohibited by law." Put it in Australian law and it will be "real" law.
What I don't see, is any reason for one group to operate -- within Australia -- under their own laws. If you don't like the law -- try to get it changed. Don't break it -- fix it.
Use our democracy
If you see a better answer -- try to get it implemented. Under current laws, bashing and spearing children is illegal -- don't do it. If you have a suggestion that works -- and that can be designed with safeguards against misuse -- then we can try it. Our existing laws have safeguards such as courts of appeal; new laws will need the same.Australia is a universal democracy, of sorts. Use it.
Agamedes Consulting. Support for your thought: email nick leth at gmail dot com |
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