In this context «society» is to be understood as a body of persons united in and by its acknowledgement and observance of a body of laws and customs... To speak of rights and interests possessed under an identified body of laws and customs is, therefore, to speak of rights and interests that are the creatures of the laws and
customs of a particular society that exists as a group which acknowledges and observes those laws and customs.8
Not exact matches
What Whitehead offers to effect this
particular translation
of cosmology and sociology is the reintroduction
of a theory
of «social
custom» to serve as the founding principle
of order in human
society.
In the generic sense, for Whitehead, the
customs of any given civilized
society function as the requisite «patterns
of relationship,» which not only define but also substantiate the
particular order
of that
society.
Throughout their study
of world history, students can reflect on how the rules and
customs of other
societies nurtured
particular relationships among their members.
In Yorta Yorta51 the High Court made it clear that two factors in
particular can interfere with continuity
of a
society and continuity in the observance
of traditional law and
custom: 52
Justice Wilcox found that in 1829 the claim area was occupied and used by «Aboriginal people who spoke dialects
of a common language and who acknowledged and observed a common body
of laws and
customs».47 He accepted that what united and distinguished them from neighbouring groups was a «commonality
of belief, language,
custom and material culture».48 Though sub-groups or families exercised
particular rights and responsibilities for
particular areas to which they «belonged», those rights and responsibilities arose from a wider normative system that operated within the broader Noongar
society.49 The rights
of the sub-group were burdened by the entitlement
of others to access land for various purposes.50
Moreover it is the observation and acknowledgement
of laws and
customs that define a
particular society.