Global Aspects of Australian Aboriginal Law Systems: A Biological Perspective

Journal of Politics and Law, Vol. 5, No. 1, pp. 43-55, March 2012

13 Pages Posted: 7 Mar 2012

See all articles by Hendrik Gommer

Hendrik Gommer

CIS Law; University of Groningen

Penelope Swales

Monash University - Faculty of Law

Date Written: October 1, 2011

Abstract

A new natural law theory was proposed in ‘A Biological Theory of Law’. This theory holds that law mirrors properties of genes. Probably the most distinguishing characteristic of a gene is that it can replicate itself ad infinitum (the genetic priority of growth), as long as there are sufficient molecules in the neighborhood that can feed the replication. On top of that a gene is stable and it bears a code that can generate all kinds of biological structures. These biological structures could not evolve if genes did not work together. Genes that work together in a reciprocal way can be successful in spreading and therefore their number will grow.

In essence, biological theory of law is based on fractal patterns. Fractals are objects whose smallest particles have the same structure as the composite whole of these particles. Macro scale patterns mirror micro scale patterns. Consequently, by studying micro scale patterns we can discover forces that drive macro scale patterns.

As was shown in the article The Molecular Concept of Law, by recognizing fractal structures in our empiric reality, we can link very different levels and disciplines and subsequently jump from genes to emotions to law in a systematic manner.

This paper explores the proposal that due to a harsh environment and geographical isolation, the genetic priority of growth was successfully curbed by Aboriginal law to operate indefinitely and sustainably within a finite biosphere. The genetic drive for growth will ultimately exhaust our resources and defeat the genes of many of us if we do not find a way through our law to steer it. Ultimately the dilemma we face on a global scale is the same as that solved on a continental scale by Indigenous Australians. Central to the success of classical Aboriginal law was the ability to use law to curb the genetic property of growth by elaborating the genetic property of reciprocity, and much could be learned from Aboriginal legal systems in facing our own environmental and social dilemmas.

Keywords: genes, biological law theory, aboriginal, sustainable growth, reciprocity, law system

Suggested Citation

Gommer, Hendrik and Swales, Penelope, Global Aspects of Australian Aboriginal Law Systems: A Biological Perspective (October 1, 2011). Journal of Politics and Law, Vol. 5, No. 1, pp. 43-55, March 2012. Available at SSRN: https://ssrn.com/abstract=2017518

Hendrik Gommer (Contact Author)

CIS Law ( email )

De Bongerd 2A
Zuidhorn, Groningen 9801 AS
Netherlands

HOME PAGE: http://www.cislaw.eu

University of Groningen ( email )

P.O. Box 800
9700 AH Groningen, Groningen 9700 AV
Netherlands

Penelope Swales

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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