It's the little things......

I've only just seen this now. My lecturer replied to my post in the discussion board. It's put a smile on my face. I've also submitted this entry as part of my 'tutorial participation' component which is worth 10%. Nice to see I'm doing something right. *Happy smiles*

Author: Me! Date: Saturday, 30 April 2011 3:35:12 PM EST Subject: RE: Virtual Tutorial Topic 5 The differences are the different definitions of 'tradition' used by each Judge. Justice Olney viewed tradition to be unchanging and for native title to apply the laws and customs of the Yorta Yorta must remain the same as those practiced by the Yorta Yorta's ancestors. Olney J found that the traditional laws and customs had evolved and changed over the years and therefore tradition had been lost. Tradition had to be same now as those traditions practiced hundreds of years ago. Chief Justice Black however thought tradition should be looked at not from the past to the present but retrospectively. Black CJ does not think that traditions are lost altogether over the years, more that there are dynamic social aspects of the traditions that are maintained over time. There doesn't have to be a physical tradition per se for the actual tradition to still be upheld - it is the structures and socio-legal orders that maintain the tradition. I don't think it's whether Aboriginal people can prove continuity of tradition in a white court, it's more whether a white court will acknowledge that tradition is not something frozen in time, it's more something that exists and manifests itself within the culture where practices, laws and customs are still used through socio-legal orders , it's not about ritualistic dances being held to 'prove' tradition. Tradition shouldn't be looked at as a continual 'physical' entity but rather something that is followed and applied to the daily customs and practices of law, order and social engagement within the community. The example in Yammer v Eaton of Aboriginal men fishing with a motor boat and not wading through water with a spear does not mean that the tradition nature of the activity is lost. It is still a tradition for them to fish for food. The means by which they go about the activity does mean that the tradition is lost.

Hi ******** A good response. You have shown that you understand what tradition means and how it ought to be applied. Greta