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First Knowledges Law: The Way of the Ancestors
Our Laws are forever present and provide the pathways for all Australians to truly learn how to belong to this continent.' - June Oscar
'No other current work has been able to so comprehensively explain the significance of traditional law in all its manifestations.' - Henry Reynolds
Law is culture, and culture is law. Given by the ancestors and cultivated over millennia, Indigenous law defines what it is to be human. Complex and evolving, law holds the keys to resilient, caring communities and a life in balance with nature.
Marcia Langton and Aaron Corn show how Indigenous law has enabled people to survive and thrive in Australia for more than 2000 generations. Nurturing people and places, law is the foundation of all Indigenous societies in Australia, giving them the tools to respond and adapt to major environmental and social changes. But law is not a thing of the past. These living, sophisticated systems are as powerful now as they have ever been, if not more so.
The Way of the Ancestors challenges readers to consider how Indigenous law can inspire new ways forward for us all in the face of global crises.
'No other current work has been able to so comprehensively explain the significance of traditional law in all its manifestations.' - Henry Reynolds
Law is culture, and culture is law. Given by the ancestors and cultivated over millennia, Indigenous law defines what it is to be human. Complex and evolving, law holds the keys to resilient, caring communities and a life in balance with nature.
Marcia Langton and Aaron Corn show how Indigenous law has enabled people to survive and thrive in Australia for more than 2000 generations. Nurturing people and places, law is the foundation of all Indigenous societies in Australia, giving them the tools to respond and adapt to major environmental and social changes. But law is not a thing of the past. These living, sophisticated systems are as powerful now as they have ever been, if not more so.
The Way of the Ancestors challenges readers to consider how Indigenous law can inspire new ways forward for us all in the face of global crises.
241 pages, Kindle Edition
Published April 25, 2023
43 people are currently reading
332 people want to read
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Displaying 1 - 14 of 14 reviews
November 12, 2023
This book has more padding than my sofa - including an entire chapter that is just a plot summary of the film Ten Canoes. It is also very repetitive and filled with generalised statements like: elders had good public speaking skills.
The approach to law is incredibly conservative, taking a literal interpretation of creationism and only discussing pre-colonial laws. The examples given throughout the whole book are almost exclusively from the Yolŋu and Walpiri people, which plays into the untrue and damaging stereotype that the only 'true aborigines' are those in the outback living more traditionally. The absence of discussion on the ways Law can and has modernised, particularly in more urban settings surely only plays into the arguments of the Voice detractors.
The writing style is overly academic and heavily reliant on the work of white anthropologists from the first half of the twentieth century. The writing gives the impression that the author's have only met indigenous Australians in academic contexts, and could be a highlights reel from a conference.
Given the book was ostensibly in support of the Voice, I expected to read more about how law in practiced today, across the whole continent, and the way empowered communities could better support themselves where the system is currently failing.
It's hard to work out who the target readership is. There is really nothing new discussed for anyone who as done as little as be present at a Welcome to Country.
The approach to law is incredibly conservative, taking a literal interpretation of creationism and only discussing pre-colonial laws. The examples given throughout the whole book are almost exclusively from the Yolŋu and Walpiri people, which plays into the untrue and damaging stereotype that the only 'true aborigines' are those in the outback living more traditionally. The absence of discussion on the ways Law can and has modernised, particularly in more urban settings surely only plays into the arguments of the Voice detractors.
The writing style is overly academic and heavily reliant on the work of white anthropologists from the first half of the twentieth century. The writing gives the impression that the author's have only met indigenous Australians in academic contexts, and could be a highlights reel from a conference.
Given the book was ostensibly in support of the Voice, I expected to read more about how law in practiced today, across the whole continent, and the way empowered communities could better support themselves where the system is currently failing.
It's hard to work out who the target readership is. There is really nothing new discussed for anyone who as done as little as be present at a Welcome to Country.
August 2, 2023
Excellent as always in this series. Very important link to Ulluru Statement. Although, maybe just my background, but I enjoyed this one less than the others I've read in this series so far (Country, Songlines & Astronomy).
April 7, 2024
More like 3.5 to be fair. Great for an introductory series but feels like every chapter is almost edging you with detail
October 10, 2024
got so much out of this, just like the rest of the series - and excited to read they’re planning several more books beyond this one!
“these unsupported and outdated western notions of race and social darwinism need to die in australia right now. indigenous people are human beings with complex laws, ceremonies, and social structures, and indigenous societies are politics, not races… any solution must be found beyond the limits of imported british laws and notions of race that dehumanise and dehistoricise indigenous people”
challenging understandings, biases, and assumptions
as with the rest of the series, this book helped me expand my understandings and challenge my biases/assumptions - rethinking/expanding what i consider to be law and learning so much about not only first nations law, but also family and societal structures, and gender relations (which are of course all linked to law)
“every time someone sings or dances in ceremony, they are actively maintaining sovereign relationships to country in australia that pre-dates the british crown…because [they’re] still practicing [their] law”
- understanding that the first nations concept of law includes culture - the two are inseparable
- think i struggled a bit with what the concept of sovereignty means - both for westerners and first nations peoples but am getting my head around it! - ‘the authority of people/country to govern itself’ - so when first nations people perform ceremonies, songs, dances etc - they are practicing sovereignty because these are part of their law/culture - show they do govern themselves. recognising also that sovereignty is not just law - but culture and spirituality - deep spiritual connections to country, the fact laws were created by the ancestors etc. - i think i am getting my head around this but do want to better understand land rights in the context of being recognised in western law (including mabo case and how performance of ceremony/dance etc has been used to prove native title in court) (interesting articles i read: 1) good overview + video; 2) good summary of limitations; 3) article friend recommended) - thus law for first nations people is linked not only to western understandings of law, but culture and what we might consider religion/spirituality/virtue, living a good life, following ancestral knowledge/lessons etc.
- how loss of cultural knowledge therefore results in loss of knowledge/practice of the law - but also thus sovereignty - the implications of this and the problems associated with this - and the ways first nations people are having to adult long-lasting cultural practices/laws regarding sharing/storage/transmission of this information to ensure it isn’t lost
- the importance of recognising first nations governance as equal/just as valid and recognisable as western law/government - demands respect and a challenging of biases/rethinking western notions of governance. for me, it was helpful to see the similarities between first nations and western system of governments (i think partly just to get my head around what government/law actually consisted of if that makes sense? e.g., title deeds, jurisdictions, levels of governance - but i am aware of the problems/limited nature of simply comparing the two systems, embassies, diplomacy - but it served as a useful foundation i think)
family and wider social structures
- so so interesting learning about different social/family/gender structures throughout the book - was originally really confusing (moieties, skin names, avoidance/poison relationships) but with some extra googling and all the really helpful diagrams spread throughout, i was able to (start to!) get my head around it - what complex and nuanced systems!
- also so interesting to learn about how these systems prioritise balance (of power) and cooperation - how different groups are equal, connected, responsible to each other (e.g., shared responsibility for holding ceremonies), related through family ties (e.g., strict marriage laws) - thus all have a “vested interest in delivering good outcomes for all” and systems are “designed to ensure that no one group or family lineage can dominate the whole of society, and that the needs of all are continually negotiated and balanced to provide the best possible social outcomes”
- kinship not just biological relationships - includes people, land, ancestors (animals) - for example, “people do not traditionally distinguish between their human relatives and the species to whom they are ancestrally linked”
- some areas where i really had to challenge my biases/remind myself that practices are subjective and not inherently better/worse, try and understand the reasons for practices - for example, marriages being determined at birth (to help ensure balance between moiety groups), avoidance practices (a sign of respect, helps avoid conflict), and polygamy (ways of expanding reach/power/network and facilitating trade/diplomacy by linking clans e.g., as children inherit rights across both clans) - like i say below, it would be interesting to get more exploration into these, how they intersect with current views on gender equality etc.
gendered business
- was so excited for this chapter!! it didn’t go into things as much as i’d have liked - but that could easily be a whole book in itself (for example, brotherboys/sistergirls, how notions of gender and sexuality have evolved/adapted to the 21st century, where there is and isn’t acceptance of diversity, divergence from gender norms etc.)
- found this quote interesting and would have loved more exploration on these views within first nations communities and how they intersect with broader acceptance or lack thereof - “the original ancestors are sometimes considered to be asexual but also to shift species, change gender and change in number on their travels from homeland to homeland”
- very interesting learning about all the roles/traditions etc associated with women (but not mentioned what was considered mens work as much?) - women involved in things like birthing/midwifery, songs, healing/medicine, environment, ancestral design, song/dance, making tools/sacred objections, teaching control of emotions, sexual attraction, conflict management, kinship/marriage/maintaining family ties, death rituals/mourning etc
- however, like i said above, would be interested in hearing how this ahs adapted to the 21st century and broader ideas of gender equality etc. (and how gender equality is considered/has been viewed in first nations communities). though the example of the NPY womens council an interesting example of this!
- example of widows in the kimberley region who “live together and communicate by using a special sign language” was very interesting - i wish we’d gotten more information about it!
ceremony and education
- apparently there’s going to be a whole book about ceremony which i’m excited for! and hopefully this will expand on the education aspect also
- this book really enhanced my understanding of the importance of ceremonies - where laws/government processes are enacted, and also as a key site of education (interesting learning about the different stages!) - i don’t think i’d appreciated how formal they were beforehand? - and serve so many purposes e.g., diplomacy, dispute resolution, initiation into adulthood, healing etc.
- this greater understanding made me further recognise the importance of sky heritage and the impacts of light pollution that Astronomy: Sky Country talks about - where the loss of visibility of the skies results in loss of law, culture, education etc (because constellations are used to mark timings for ceremony etc)
- also eye-opening to see the huge process of education and training and commitment to become a leader/someone authorised to practice law etc - so much to remember and learn!! so many different skills/knowledge required!!
“these unsupported and outdated western notions of race and social darwinism need to die in australia right now. indigenous people are human beings with complex laws, ceremonies, and social structures, and indigenous societies are politics, not races… any solution must be found beyond the limits of imported british laws and notions of race that dehumanise and dehistoricise indigenous people”
challenging understandings, biases, and assumptions
as with the rest of the series, this book helped me expand my understandings and challenge my biases/assumptions - rethinking/expanding what i consider to be law and learning so much about not only first nations law, but also family and societal structures, and gender relations (which are of course all linked to law)
“every time someone sings or dances in ceremony, they are actively maintaining sovereign relationships to country in australia that pre-dates the british crown…because [they’re] still practicing [their] law”
- understanding that the first nations concept of law includes culture - the two are inseparable
- think i struggled a bit with what the concept of sovereignty means - both for westerners and first nations peoples but am getting my head around it! - ‘the authority of people/country to govern itself’ - so when first nations people perform ceremonies, songs, dances etc - they are practicing sovereignty because these are part of their law/culture - show they do govern themselves. recognising also that sovereignty is not just law - but culture and spirituality - deep spiritual connections to country, the fact laws were created by the ancestors etc. - i think i am getting my head around this but do want to better understand land rights in the context of being recognised in western law (including mabo case and how performance of ceremony/dance etc has been used to prove native title in court) (interesting articles i read: 1) good overview + video; 2) good summary of limitations; 3) article friend recommended) - thus law for first nations people is linked not only to western understandings of law, but culture and what we might consider religion/spirituality/virtue, living a good life, following ancestral knowledge/lessons etc.
- how loss of cultural knowledge therefore results in loss of knowledge/practice of the law - but also thus sovereignty - the implications of this and the problems associated with this - and the ways first nations people are having to adult long-lasting cultural practices/laws regarding sharing/storage/transmission of this information to ensure it isn’t lost
- the importance of recognising first nations governance as equal/just as valid and recognisable as western law/government - demands respect and a challenging of biases/rethinking western notions of governance. for me, it was helpful to see the similarities between first nations and western system of governments (i think partly just to get my head around what government/law actually consisted of if that makes sense? e.g., title deeds, jurisdictions, levels of governance - but i am aware of the problems/limited nature of simply comparing the two systems, embassies, diplomacy - but it served as a useful foundation i think)
family and wider social structures
- so so interesting learning about different social/family/gender structures throughout the book - was originally really confusing (moieties, skin names, avoidance/poison relationships) but with some extra googling and all the really helpful diagrams spread throughout, i was able to (start to!) get my head around it - what complex and nuanced systems!
- also so interesting to learn about how these systems prioritise balance (of power) and cooperation - how different groups are equal, connected, responsible to each other (e.g., shared responsibility for holding ceremonies), related through family ties (e.g., strict marriage laws) - thus all have a “vested interest in delivering good outcomes for all” and systems are “designed to ensure that no one group or family lineage can dominate the whole of society, and that the needs of all are continually negotiated and balanced to provide the best possible social outcomes”
- kinship not just biological relationships - includes people, land, ancestors (animals) - for example, “people do not traditionally distinguish between their human relatives and the species to whom they are ancestrally linked”
- some areas where i really had to challenge my biases/remind myself that practices are subjective and not inherently better/worse, try and understand the reasons for practices - for example, marriages being determined at birth (to help ensure balance between moiety groups), avoidance practices (a sign of respect, helps avoid conflict), and polygamy (ways of expanding reach/power/network and facilitating trade/diplomacy by linking clans e.g., as children inherit rights across both clans) - like i say below, it would be interesting to get more exploration into these, how they intersect with current views on gender equality etc.
gendered business
- was so excited for this chapter!! it didn’t go into things as much as i’d have liked - but that could easily be a whole book in itself (for example, brotherboys/sistergirls, how notions of gender and sexuality have evolved/adapted to the 21st century, where there is and isn’t acceptance of diversity, divergence from gender norms etc.)
- found this quote interesting and would have loved more exploration on these views within first nations communities and how they intersect with broader acceptance or lack thereof - “the original ancestors are sometimes considered to be asexual but also to shift species, change gender and change in number on their travels from homeland to homeland”
- very interesting learning about all the roles/traditions etc associated with women (but not mentioned what was considered mens work as much?) - women involved in things like birthing/midwifery, songs, healing/medicine, environment, ancestral design, song/dance, making tools/sacred objections, teaching control of emotions, sexual attraction, conflict management, kinship/marriage/maintaining family ties, death rituals/mourning etc
- however, like i said above, would be interested in hearing how this ahs adapted to the 21st century and broader ideas of gender equality etc. (and how gender equality is considered/has been viewed in first nations communities). though the example of the NPY womens council an interesting example of this!
- example of widows in the kimberley region who “live together and communicate by using a special sign language” was very interesting - i wish we’d gotten more information about it!
ceremony and education
- apparently there’s going to be a whole book about ceremony which i’m excited for! and hopefully this will expand on the education aspect also
- this book really enhanced my understanding of the importance of ceremonies - where laws/government processes are enacted, and also as a key site of education (interesting learning about the different stages!) - i don’t think i’d appreciated how formal they were beforehand? - and serve so many purposes e.g., diplomacy, dispute resolution, initiation into adulthood, healing etc.
- this greater understanding made me further recognise the importance of sky heritage and the impacts of light pollution that Astronomy: Sky Country talks about - where the loss of visibility of the skies results in loss of law, culture, education etc (because constellations are used to mark timings for ceremony etc)
- also eye-opening to see the huge process of education and training and commitment to become a leader/someone authorised to practice law etc - so much to remember and learn!! so many different skills/knowledge required!!
December 31, 2023
this book was definitely interesting and informative, however like the previous book i read in this series (the "plants" book) i find myself wanting more information out of it. so often this book outlines the what, but rarely, if ever, outlines the how and the why. you learn the very basics of some laws in specific indigenous nations, but you never get to see these put into practice. tell me about someone from one of these nations, how they navigate these laws in everyday life and what impact it has on them! what happens when children who are still learning the laws of their culture break the law? what about when an adult breaks them? what consequences do they face, and how is it navigated? and why are these laws in place? what benefit do they provide to the indigenous groups who practice them? what societal values do these laws reflect and reveal? in almost all cases, none of these questions were explored, and it was incredibly frustrating. it's all well and good to tell me that a man has a poison relationship with his mother in law, but i want to know more than that - tell me about how these relationships are navigated, and not just that it has a name.
i feel very thankful that i did a class on aboriginal linguistics earlier this year that actually did go in depth into many of these questions, as i feel otherwise i would have left this book more confused than when i started. either this book assumes you already have a baseline knowledge on how aboriginal law is practiced in reality (which i think very very few non-aboriginal australians are familiar with), or that you have no interest in it, and just want to learn very basics words and concepts.
i feel very thankful that i did a class on aboriginal linguistics earlier this year that actually did go in depth into many of these questions, as i feel otherwise i would have left this book more confused than when i started. either this book assumes you already have a baseline knowledge on how aboriginal law is practiced in reality (which i think very very few non-aboriginal australians are familiar with), or that you have no interest in it, and just want to learn very basics words and concepts.
October 24, 2023
Law really is a deep insight into First Knowledges of Australia.
There is a wealth of knowledge in the book, and it only scrapes the surface with focus on certain grups systems of governance, family and life. However, what is given would make a lot of sense to the average Australian with an understanding of First Nations perspectives. There were a lot of "ah-ha" interwoven with "wow" moments while reading.
The deep connections between time and place, along with the circular nature of systems of life provided in the examples by Langton and Corn show important lessons on years of refined governance, life, family, community and ceremony. One such concept that grabbed me was the Yolnu rengitj, meaning "body", but encapsulating so much more such as ancestral significance and being a strong environmental metaphor for diplomacy - I'll stop there not to spoil.
As with any book on unknown political structures, certain levels of depth are hard to conceptualize or understand. But certain elements pull through for even the most basic understandings ofg the interconnected systems of governance, family and life that have (and still do) existed for millennia.
There is a significant focus on Yolnu and other groups, and with myself living on Noongar boodja (country), it inspired me to seek out more knowledge about my area.
Highly recommend, there are lessons for all...especially at this crucial moment in Australian history.
There is a wealth of knowledge in the book, and it only scrapes the surface with focus on certain grups systems of governance, family and life. However, what is given would make a lot of sense to the average Australian with an understanding of First Nations perspectives. There were a lot of "ah-ha" interwoven with "wow" moments while reading.
The deep connections between time and place, along with the circular nature of systems of life provided in the examples by Langton and Corn show important lessons on years of refined governance, life, family, community and ceremony. One such concept that grabbed me was the Yolnu rengitj, meaning "body", but encapsulating so much more such as ancestral significance and being a strong environmental metaphor for diplomacy - I'll stop there not to spoil.
As with any book on unknown political structures, certain levels of depth are hard to conceptualize or understand. But certain elements pull through for even the most basic understandings ofg the interconnected systems of governance, family and life that have (and still do) existed for millennia.
There is a significant focus on Yolnu and other groups, and with myself living on Noongar boodja (country), it inspired me to seek out more knowledge about my area.
Highly recommend, there are lessons for all...especially at this crucial moment in Australian history.
February 10, 2024
This book provides a great introduction to the pre-colonial context of law focussing on the Yolngu and Warlpiri peoples, and the difficulties of practicing law in a post-colonial Australia. It highlights how terra nullius is a racist and Darwinism concept, of which the Australian legal system is blindly holding onto.
Although there are parts which may be difficult to conceptualise, I recommend you persist and take this read slowly - picking it up and putting it down to give certain concepts time to settle in your mind.
It is an important read to decolonise ideas of law, society and belonging.
Although there are parts which may be difficult to conceptualise, I recommend you persist and take this read slowly - picking it up and putting it down to give certain concepts time to settle in your mind.
It is an important read to decolonise ideas of law, society and belonging.
May 18, 2023
Constitutional law and governance has always been one of my passions, and I wanted to explore further the Indigenous perception of these concepts -- this book laid Indigenous law really well, and the way in which culture, spirituality and law are embedded in each other and throughout society in a way that it isn't in the west. Had some discussion on The Voice as well which was great as I personally haven't read much yet re: the referendum. Some parts were difficult conceptually, as all law can be, but overall a really interesting, easy read.
June 3, 2024
The main issue I have found with this series is sections with a lot of words and not much meaning. This book ramps this up to eleven. What knowledge that is there is confined to the peoples from a small section of northern Australia.
The other drawback is the lack of genuine human experiences discussed in relation to the development and enforcement of law. Questions such as; how does law evolve, what is the reaction when law is broken, what is the pushback (if any) towards discriminatory gendered laws?
The other drawback is the lack of genuine human experiences discussed in relation to the development and enforcement of law. Questions such as; how does law evolve, what is the reaction when law is broken, what is the pushback (if any) towards discriminatory gendered laws?
October 10, 2024
Elucidating.
Lots of insights into First Knowledges of Australian First Nations peoples
Deep connections -time, space, place
Great summary at the end re the Way of the Ancestors
Much of the example material comes from a small number of clans - this is because it is the better known and that is due to the much greater colonisation and killing out of people in the more popular areas of the country, that is, around the coast.
Absolutely loved this book - really looking to the other 9 in the series.
Lots of insights into First Knowledges of Australian First Nations peoples
Deep connections -time, space, place
Great summary at the end re the Way of the Ancestors
Much of the example material comes from a small number of clans - this is because it is the better known and that is due to the much greater colonisation and killing out of people in the more popular areas of the country, that is, around the coast.
Absolutely loved this book - really looking to the other 9 in the series.
June 8, 2023
Overall, I really enjoyed this book and appreciated its message. The chapter on family ties and links was complicated but its worth persevering
August 25, 2023
A wonderful book, eye opening, detailed and expansive.
June 24, 2025
I am so appreciative to learn from these knowledge systems.
What a gift it is to learn from knowledge that has existed and accumulated over Millenia and Millenia.
I loved exploring ‘Possum and Wallaby Dreaming’ (1985) by Michael Jakamara Nelson. It gave me a new and profound appreciation for Aboriginal art styles and for connected systems of social organisation.
So you’re telling me.. that one mural.. representing a Jardiwarnpa Ceremony.. contains knowledge about nearly the entirety of Warlpiri society? That it connects and interweaves different peoples, possibly the most complex moiety and kinship systems I have ever seen, homelands, directions, seasons, environments, space, time, and education all into one???
LIKE WOW
And not only that, but ALL this knowledge is embedded within the STARS AND NEBULAE???
UNBELIEVABLE
Seriously mind blowing stuff
It hurts to know that the Voice was not enshrined in the Australian constitution. There is so much hope in this book, being written pre-referendum.
I hope we find and take another path to walk together.
Edit: Marcia Langston is not chill with her Zionist behaviour.
What a gift it is to learn from knowledge that has existed and accumulated over Millenia and Millenia.
I loved exploring ‘Possum and Wallaby Dreaming’ (1985) by Michael Jakamara Nelson. It gave me a new and profound appreciation for Aboriginal art styles and for connected systems of social organisation.
So you’re telling me.. that one mural.. representing a Jardiwarnpa Ceremony.. contains knowledge about nearly the entirety of Warlpiri society? That it connects and interweaves different peoples, possibly the most complex moiety and kinship systems I have ever seen, homelands, directions, seasons, environments, space, time, and education all into one???
LIKE WOW
And not only that, but ALL this knowledge is embedded within the STARS AND NEBULAE???
UNBELIEVABLE
Seriously mind blowing stuff
It hurts to know that the Voice was not enshrined in the Australian constitution. There is so much hope in this book, being written pre-referendum.
I hope we find and take another path to walk together.
Edit: Marcia Langston is not chill with her Zionist behaviour.
Displaying 1 - 14 of 14 reviews