Lumen Spring Summer 2023 - Flipbook - Page 40
Law: The Way of the
Ancestors
A review of Marcia Langton and Aaron Corn’s book on Indigenous Law,
launched at the University of Adelaide in May.
By Margo Neale
Law. The Way of the Ancestors is a powerful
testament to the enduring laws that have
governed life in this country for millennia.
It also shows the limitations of the imposed
laws that have attempted to usurp all that
existed before and govern this country in
contravention of the laws of the land and
her people.
These two systems now must find ways of
working together for all Australians.
Law is a timely call to action with its wellargued recognition of Indigenous law as
being fundamental to Australian nationhood,
offering us the gift of exchange and a social
contract for a unified future.
It traces the laws of the ancestors, reveals
many profound differences between
Indigenous and Western laws, and makes
plain the absolute necessity of the inclusion
of Indigenous law in the modern laws of
this country.
One truth revealed here is the law’s deep
connectivity to every conceivable aspect
of life across time, space and place, as a
consequence of being a system of law that
was created by the ancestors, or creator
beings, and not by mere mortals. Aboriginal
law is written in the land. It is as ancient as it
is permanent.
A vital difference pointed out is that the
Aboriginal definition of ‘law’ equally
includes culture. Law and culture are
inseparable. And country holds all
knowledge as an integrated whole, not
compartmentalised into separate disciplines.
Another profound revelation is the notion
that traditional knowledges and law systems
are as alive and well today as they were
yesterday. They permeate all aspects of
people’s lives, whether people recognise it
or not. The ancestors’ laws are present and
active daily.
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THE UNIVERSITY OF ADELAIDE
Law is fundamental to everything we
see and experience and is all around us
– whether in a public mural, a Welcome
to Country, a smoking ceremony,
announcements by media presenters and
airline attendants acknowledging Country,
an Aboriginal design on a brochure or
T-shirt, or a performance by Bangarra
Dance Theatre.
All are governed by law and must be
sanctioned by the right people, for the right
reasons, according to law.
Law is practised in ceremonies in many
different forms today. This is evident in
festivals such as Garma in north-east
Arnhem Land and Milpirri at Lajamanu in
the Tanami Desert, in the music of Yothu
Yindi, in the teachings of Steven Wantarri
‘Wanta’ Jampijinpa Pawu from Lajamanu,
and in the art of Brisbane-based
Jennifer Herd.
Constant negotiations between Aboriginal
and Torres Strait Islander people and
modern governments on native title, treaty,
constitutional recognition and water rights,
and with mining companies, are further
evidence of the presence and principle of
Aboriginal law.
As with other books in this series, we have
opted for co authorship to offer a broader
range of perspectives and knowledge
from different cultural backgrounds, lived
experiences and research.
Margo Neale is the editor of the First
Knowledges series of books, published by
Thames and Hudson Australia. This series
offers an introduction to Indigenous knowledge
in vital areas, and their application to the
present day and the future.
Authors, Professor Aaron Corn and Professor
Marcia Langton AO, both senior academics at
the University of Melbourne, chose to launch
Law: The Way of the Ancestors at the University
of Adelaide due to Professor Corn’s role, prior to
joining the University of Melbourne, as Director
of our University’s Centre for Aboriginal
Studies in Music (CASM). It was fitting
that a VIP event, before the official launch in
Bonython Hall, occurred at the CASM 50th
anniversary exhibition “Let our Songs Speak
for Us” curated in the Barr Smith Library’s
Ira Raymond Room.
If you are a member of the University of
Adelaide community who has recently
published a book, please let us know:
lumen@adelaide.edu.au
