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Introducing one of the central topics and concerns of jurisprudence – the authorisation and authority of law - Jurisdictionaims to re-introduce and refresh jurisdictional thinking about law by addressing the ways that questions of jurisdiction still give shape to law and to legal thought. Questions of jurisdiction have been central to Western legal traditions, yet in contemporary accounts of law this is often hard to recognise. At its broadest, the question of jurisdiction engages with the fact that there is law, and with the power and authority to speak in the name of the law. Such questions encompass the authorisation and ordering of law as such, as well as determinations of authori...
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In a break from the contemporary focus on the law's response to inter-racial crime, the authors examine the law's approach to the victimization of one Indigenous person by another. Drawing on a wealth of archival material relating to homicides in Australia, they conclude that settlers and Indigenous peoples still live in the shadow of empire.
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This volume of essays addresses some of the most significant issues of contemporary international law. It particularly focuses on questions relating to international humanitarian law, the law of the sea, human rights, the use of force, international environmental law, and the settlement of international disputes. Recent developments in some other issues of international law such as State immunity and State responsibility are also dealt with. The Work contains a number of articles in French and is offered as a tribute to the prominent Iranian Professor of International Law, Djamchid Momtaz, on the occasion of his 75th birthday.
This book offers a new interpretation of political reform in the settler colonies of Britain’s empire in the early nineteenth century. It examines the influence of Scottish Presbyterian dissenting churches and their political values. It re-evaluates five notorious Scottish reformers and unpacks the Presbyterian foundation to their political ideas: Thomas Pringle (1789-1834), a poet in Cape Town; Thomas McCulloch (1776-1843), an educator in Pictou; John Dunmore Lang (1799-1878), a church minister in Sydney; William Lyon Mackenzie (1795-1861), a rebel in Toronto; and Samuel McDonald Martin (1805?-1848), a journalist in Auckland. The book weaves the five migrants’ stories together for the first time and demonstrates how the campaigns they led came to be intertwined. The book will appeal to historians of Scotland, Britain, Canada, Australia, New Zealand, South Africa, the British Empire and the Scottish diaspora.
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This book addresses the history, current development and future of indigenous self-governance in five settler- colonial nations: Australia, Canada, New Zealand, South Africa and the United States.