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Imprisonment of Aborigines in North Western AustraliaAustralian & New Zealand Journal of Criminology, 15
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168 (1988) 21 ANZJ Crim IMPRISONMENT: THE ABORIGINAL EXPERIENCE IN WESTERN AUSTRALIA * Richard Midfordt Historical Factors in Establishing the Status of Aborigines Since White colonisation, the underlying assumption in relations between the Aboriginal population and the Australian legal system has been that Aborigines are bound by the same law as the general community. Aborigines were officially recognised as British subjects from 1837 onwards (Little, 1972) with the intention of affording them the protection and rights that went with such status. However, this assumption of equality has tended to overlook the fact that Aborigines were not able to perform equally in a White defined culture. They were bound by laws and rules of behaviour derived from their own cultural tradition; many of which ran counter to concepts in English derived law. A sentiment dating back to Aristotle pinpoints the inherent problems in such an attitude. "It is as unjust to treat unequals equally as it is to treat equals unequally" (Aborigines Welfare Board, 1967). Even if the ideal of equal treatment is accepted, the reality of justice administration in the case of Aborigines since colonisation has often been discriminatory. Eggleston (1976a) states that several factors are responsible for this
Australian & New Zealand Journal of Criminology – SAGE
Published: Sep 1, 1988
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