澳大利亚法学家论习惯与法律
发布时间：2018-10-04 18:11
【摘要】：澳大利亚的法学研究者在讨论习惯与法律的关系时,主要关注原住民族的习惯法,因为原住民族习惯法的地位和与普通法的关系问题由来已久,可以追溯到殖民统治开始之初,至今仍是真正实现族群平等、人权保护和社会和谐的重大议题之一。因为原住民族学者和社会精英层有识之士共同努力和抗争,目前原住民族习惯法在司法实践中已获得一定程度的承认。但是社会上仍有部分人意识中还有殖民统治思想的余孽,许多法律建议未得到政府的积极响应,习惯法在具体适用方面尚存不少问题和障碍,而这些都是学者们正在努力回应的现实。
[Abstract]:In discussing the relationship between custom and law, Australian legal researchers are mainly concerned with the customary law of the aborigines, because the status of the customary law of the aborigines and the relationship with the common law have a long history, which can be traced back to the beginning of colonial rule. It is still one of the most important issues for the realization of ethnic equality, human rights protection and social harmony. Because of the joint efforts and struggles of the indigenous scholars and the people of insight of the social elite, the native customary law has been recognized to a certain extent in the judicial practice. However, there are still some people in the society who still have the legacy of colonial domination. Many legal proposals have not been positively responded to by the government, and there are still many problems and obstacles in the specific application of customary law. These are the realities that scholars are trying to respond to.
【作者单位】： 中南大学法学院;
【分类号】：D961.1
，
本文编号：2251377
[Abstract]:In discussing the relationship between custom and law, Australian legal researchers are mainly concerned with the customary law of the aborigines, because the status of the customary law of the aborigines and the relationship with the common law have a long history, which can be traced back to the beginning of colonial rule. It is still one of the most important issues for the realization of ethnic equality, human rights protection and social harmony. Because of the joint efforts and struggles of the indigenous scholars and the people of insight of the social elite, the native customary law has been recognized to a certain extent in the judicial practice. However, there are still some people in the society who still have the legacy of colonial domination. Many legal proposals have not been positively responded to by the government, and there are still many problems and obstacles in the specific application of customary law. These are the realities that scholars are trying to respond to.
【作者单位】： 中南大学法学院;
【分类号】：D961.1
，
本文编号：2251377
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