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Questions:
1. Sovereignty and pluralism - Discuss whether a treaty/ies with Indigenous Australians is an effective and necessary step for reducing the legal and social disadvantage experienced by Many Aboriginal people in the NT. (Note, you may replace NT with another state/territory in Australia). Discuss with as much precision as possible, what form and what parties would be involved in possible treaty/ies. In your discussion, include historical and legal reasons for and/or against treaty/ies. Discuss whether a treaty would grant sovereignty and/or legal power to Indigenous peoples, and whether this would violate the concept of rule of law in Australia. Discuss what limitations, if any, should be included in relation to the power or sovereignty granted in a treaty/ies.
OR
2. Implementation - The NT Attorney General has announced a new policy to ‘bring white law and black law together.' She seeks advice on models for incorporating and recognising the practice of Aboriginal law in the NT. Provide a detailed model for implementation in the NT. Be as precise as possible in terms of any legislative changes that need to be made in order to implement the model you propose. Be sure that your model can account for the diversity of Aboriginal law and history in the NT. Include a discussion about any perceived risks, and whether any safeguards are needed to account for those perceived risks. You may choose focus on either criminal law or family law and child protection.
OR 3. Positivism and Madayin - compare and contrast a positivist approach to law and law as reflected in the Madayin system. Include a discussion of what areas of difference you think cause the most confusion and tension between the two systems. What concepts are most important for non-Indigenous lawyers to learn in order to remove potential confusion about the Madayin system? Be sure to also include discussion of similarities you see between the two systems.
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The paper has discussed on the sovereignty and pluralism in context of indigenous population of Australia.The sovereignty and pluralism has been discussed on the indigenous population followed by its link with treaties. However, there has been no treaty found in the nation and therefore, the pros and cons due to the absence of treaties in Australia.
2: Persuasion and structure Material is presented in a structured way that naturally supports a clear conclusion. 20 Clearly and elegantly establish a central argument (and supporting arguments if appropriate) that is continued throughout the text in a persuasive manner (although the examiner does not need to personally be persuaded by the argument) Any conclusions must flow logically from the evidence and arguments presented. 3: Citations and Bibliography Citations in accordance with AGLC 4 Work is properly referenced. Bibliography is complete. 15 sources should be used at a minimum. 4: Language Style and readability 6 Writing is logically structured. The use of headings and sub-headings is encouraged. Sentence and paragraph length assist readability. Language is clear, concise and precise. Assignment is free of spelling errors and grammatical mistakes.
Criteria Criteria description Number of marks To gain high marks for this section the essay will: 1: Content and sources Describe and demonstrate understanding of the relevant law (both Aboriginal and non- Aboriginal law) 20 Demonstrate an accurate and comprehensive knowledge of the relevant law, and an ability to analyse and apply the law and other relevant material to answer the question asked; demonstrate originality or flair; work is interesting, exciting, challenging, well read or scholarly. Use authoritative sources. Critically discuss the quality of sources where necessary.
The word limit is 2,500 words (+/- 10%). This means that you should write at least 2,250 words for this assignment and you should be able to complete the assignment in 2,500 words. Answers longer than 2,750 words will incur a flat-rate penalty of 1 mark per 200 words over (ie an assignment of 2,962 words will incur a 2 mark penalty). You must use AGLC referencing. References in footnotes do not count towards the total word count. Reasonable headings and subheadings do not count towards the word count. Include a bibliography at the end of your assignment. The bibliography does not count towards the word count for this assignment.
This assessment will be given a mark out of 50 and is worth 50% of your marks for the unit. You must complete one question. Include a header in your assignment. In your header include your name, student number, date submitted, total word count, and ‘LWA113 Customary Law Assessment 2’. For example, a header will look similar to this;
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