Multiculturalism and the Law

• NCJ Number: 125185
• Author(s): P Kearney
• Date Published: 1990
• Length: 11 pages
• Corporate Author: Law Reform Cmssn of Australia
• Publication Format: Document
• Publication Type: Legislation/Policy Description
• Language: English
• Country: Australia
• Note: Issues paper no. 9

Annotation

This paper considers whether Australian family law, contract law, and criminal law are appropriate to a society made up of people from different cultural backgrounds and from ethnically diverse communities.

Abstract

Multiculturalism is defined as managing the consequences of cultural diversity in the interests of the individual and society as a whole. It includes cultural identity, social justice, and economic efficiency. The general approach in determining whether the current laws are consistent with the multicultural policies includes identifying the principal cultural values reflected by the current law; identifying minority cultural values that are not reflected or not adequately reflected by the current law; considering how those values could be accommodated and the implications of doing so; and, assessing whether or not any change should be proposed. Any proposed change should be consistent with the basic structures and principles of Australian society, international covenants to which Australia is a party, and contemporary developments in the culture of origin of the relevant values. 15 notes.