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Old 11-05-2010, 12:00 AM   #31
ZenGum
Doctor Wtf
 
Join Date: Oct 2007
Location: Badelaide, Baustralia
Posts: 12,861
There is a similar dilemma DownUnda with Aboriginal Traditional Law.

Suppose an Aboriginal man in a traditional community beats his wife.

General law makes this a crime, probably punishable by prison. Prison rarely rehabilitates or prevents it from happening again, or deters others.

Aboriginal law makes this a crime, punishable by spearing in the leg and/or a beating from the wife's relatives. For their culture, this seems to produce better results in terms of not re-offending, etc.

Problem is, under general law, spearing in the leg is assault, punishable by prison, and there is no legal way that can be allowed.

So do we (a) over-ride Aboriginal culture and ban traditional punishments? or (b) deny the Aboriginal man protection of the general law and let people spear him?

Any answers?
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