Un-translatable? Interpreting customary laws in a western courtroom

Abstract

This article observes interpretive issues that may arise when Aboriginal witnesses give evidence in western courtrooms. The author highlights this problem by observing native title claims in Australia. Two broad circumstances arise that present unique issues: first, when Aboriginal witnesses require interpreters for assistance in giving evidence, and second, when Aboriginal witnesses do not require such assistance. The clear difficulties that emerge for both Aboriginal witnesses and the judiciary are ultimately representative of a larger, fundamental disjunction between two legal systems.