The Secularisation of Riverine Law in South-East Australia

Abstract

The decline of religious beliefs and practices in the south-east of Australia is often read as a ‘loss’ of cultural meaning and practice. In this paper, I look at the significance of secularisation for laws associated with land ownership, arguing that it is in the practice of law that one sees distinct continuities, rather than in the religious vehicles in which they were once packaged. This implies that we need to understand the operation of law in terms of its cultural and social intentions and effects, rather than as religiously-defined edicts. I then look at the implications of this for native title research.

Keywords:

• Aboriginal people
• Wiradjuri
• Law
• Secularisation
• Change

Notes

‘Clever men’ and ‘clever women’ were those regarded as having advanced spiritual powers, including the ability to perform sorcery. ‘Clever women’ were particularly associated with health and midwifery.

Wiradjuri people carved the sacred designs of the deceased at their burial site. These trees were once plentiful, but most have been felled, some to be taken to museums. The small numbers that remain are not well known.

The recent introduction of Circling Sentencing using local elders is one form of recognition, albeit belated.