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5. The Law and the Lore

The term ‘law’ is a British concept that was first introduced to the Aboriginal peoples
during the colonization period, whereby they were expected to abide by this new
justice system.

The term ‘lore’ refers to the customs and stories the Aboriginal peoples learned from
the Dreamtime. Aboriginal lore was passed on through the generations through songs,
stories and dance and it governed all aspects of traditional life.

It is common to see the terms ‘law’ and ‘lore’ being used interchangeably. As a worker it is useful to remember that there is a distinction, although law is more commonly used. For the purpose of this website we will use the term ‘lore’.

Service providers need to develop an understanding that Aboriginal and Torres Strait Islander peoples held a well- developed system of law long before the first white people arrived in Australia. Known as ‘Traditional Lore’, it is still in place today, and differs significantly from the British based Australian legal system.

Traditional lore is connected to ‘The Dreaming’ and provides rules on how to interact with the land, kinship and community. Aboriginal children learned the law from childhood, by observing customs, ceremonies and song cycles.

Many Aboriginal people live under two legal systems, the British-based Australian legal system and a ‘Traditional’ lore system, which may impact on different aspects of their lives.

There are Aboriginal communities in remote parts of Australia where the traditional culture is the dominant way of life. Unfortunately ‘Traditional’ Aboriginal lore practices may not work properly for these communities because they largely conflict with the Australian legal system. For example the Australian legal system punishes the offender by imprisonment and isolation from their community. In Traditional lore, matters are often discussed between the offenders’ family and victim to decide the severity of the punishment and who will carry it out. The process is swift and the community can return to normal.

There has recently been a lot of media attention regarding the debate of Aboriginal Traditional lore versus the Australian legal system. As a Human Service provider you may be confronted with wider community views on this subject. It is important to recognize that Traditional lore is an integral part of Aboriginal culture. This will enable you to question the misconceptions you may confront within your community.

It will also help you to develop a better understanding of some of the difficulties that Aboriginal and Torres Strait Islander people experience when their cultural practices are not preserved.