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The best stories of life in the penal colony of New South Wales were told in its Supreme Court. The court was the theatre where dramatic happenings were related - piracy at sea, Aboriginal spears meeting British guns, escaped convicts, gun battles with bushrangers, teenage girls seduced by their neighbours. The most compelling of these stories, between 1824 and 1836, are retold in this book. The author deals in particular with the law's outsiders, including those who had limited legal capacity: wives, convicts and Aborigines.
If ordering the Special Set of The Kercher Reports and Dowling Select Cases, you need only Add to Trolley one of the titles, add your promotion code and the special price will be shown on the Payment page of your order. This book reports the earliest court decisions in Australia. It includes transcriptions of and extensive commentary on many of the case records of the New South Wales superior courts during the colony's first forty years, 1788-1827. These were years of famine, of battles with indigenous people, of convict rebellions, of the beginnings of bushranging and even of the only military coup in Australian history. Law was at the centre of all of this. Trade developed rapidly and with...
This book reports the earliest court decisions in Australia. It includes transcriptions of and extensive commentary on many of the case records of the New South Wales superior courts during the colony's first forty years, 1788-1827. These were years of famine, of battles with indigenous people, of convict rebellions, of the beginnings of bushranging and even of the only military coup in Australian history. Law was at the centre of all of this. Trade developed rapidly and with it a locally developed commercial law. Through these cases, we can see the slow development from law in the tents to law in the court room, from amateur to professional law. Amongst notable cases reported are: R v Barsb...
Provocative history of Australian law since white settlement.
The essays in this volume reflect the exciting new directions in which legal history in the settler colonies of the British Empire has developed. The contributors show how local life and culture in selected settlements influenced, and was influenced by, the ideology of the rule of law that accompanied the British colonial project. Exploring themes of legal translation, local understandings, judicial biography, and "law at the boundaries," they examine the legal cultures of dominions in Canada, Australia, and New Zealand to provide a contextual and comparative account of the "incomplete implementation of the British constitution" in these colonies.
During the nineteenth century, British and American settlers acquired a vast amount of land from indigenous people throughout the Pacific, but in no two places did they acquire it the same way. Stuart Banner tells the story of colonial settlement in Australia, New Zealand, Fiji, Tonga, Hawaii, California, Oregon, Washington, British Columbia, and Alaska. Today, indigenous people own much more land in some of these places than in others. And certain indigenous peoples benefit from treaty rights, while others do not. These variations are traceable to choices made more than a century ago--choices about whether indigenous people were the owners of their land and how that land was to be transferr...
Throughout the British colonies in the nineteenth century, judges were expected not only to administer law and justice, but also to play a significant role within the governance of their jurisdictions. British authorities were consequently concerned about judges' loyalty to the Crown, and on occasion removed or suspended those who were found politically subversive or personally difficult. Even reasonable and well balanced judges were sometimes threatened with removal. Using the career histories of judges who challenged the system, Dewigged, Bothered, and Bewildered illuminates issues of judicial tenure, accountability, and independence throughout the British Empire. John McLaren closely examines cases of judges across a wide geographic spectrum — from Australia to the Caribbean, and from Canada to Sierra Leone — who faced disciplinary action. These riveting stories provide helpful insights into the tenuous position of the colonial judiciary and the precarious state of politics in a variety of British colonies.
A history that populates the streets of colonial Sydney with entrepreneurial businesswomen earning their living in a variety of small – and sometimes surprising – enterprises. There are few memorials to colonial businesswomen, but if you know where to look you can find many traces of their presence as you wander the streets of Sydney. From milliners and dressmakers to ironmongers and booksellers; from publicans and boarding-house keepers to butchers and taxidermists; from school teachers to ginger-beer manufacturers: these women have been hidden in the historical record but were visible to their contemporaries. Catherine Bishop brings the stories of these entrepreneurial women to life, with fascinating details of their successes and failures, their determination and wilfulness, their achievements, their tragedies and the occasional juicy scandal. Until now we have imagined colonial women indoors as wives, and mothers, domestic servants or prostitutes. This book sets them firmly out in the open.
In 1830s Sydney, a visiting aristocrat, Viscount Lascelles, is exposed as a former convict. In Cape Town, during the same decade, veiled accusations of incest and murmurs about a concealed pregnancy surround the family of the Chief Justice, Sir John Wylde. In these British colonies, the divide between the respectable and the disreputable is not as vast as might first appear. Rumour and hearsay muddy the lines between public and private worlds, and ensure that secret transgressions do not remain secret for very long. Scandal in the Colonies explores how colonial societies offered European settlers the opportunity to invent new identities, an opportunity exploited with a vengeance. But as peop...
Drawing on extensive archival and library sources, Karsten explores these collisions and arrives at a number of conclusions that will surprise.