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The Cambridge Legal History of Australia

£120.00

Peter Cane, Lisa Ford, Mark Macmillan, Shaunnagh Dorsett, David Lieberman, Spiers Williams, Bruce Kercher, Ann Curthoys, Jessie Mitchell, Lim, Cheryl Saunders, Tim Rowse, Jennifer Green, Daryle Rigney, Denis Rose, Alison Vivian, Miriam Jorgensen, Steve Hemming, Shaun Berg, Kirsty Gover ,Eddie Cubillo, Miranda Johnson and Cait Storr, Coel Kirkby, Lisa Ford, David Andrew Roberts, Maureen Tehan, Amanda Kearney, Jason Behrendt, Sean Brennan, Ruth A Morgan, Judith Jones, Terri Libesman, Katherine Ellinghaus, Paul Gray, Alecia Simmonds, Amanda Nettelbeck, Anne O'Brien, Gary Foley and Crystal McKinnon, Bongiorno, Rayner Thwaites, David Andrew Roberts, Andy Kaladelfos, Alana Piper, Mark Finnane, Mark Lunney, Diane Kirkby, Kathy Bowrey, Nicole Watson, Shino Konishi
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  • Date Published: August 2022
  • availability: In stock
  • format: Hardback
  • isbn: 9781108499224

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About the Authors
  • Featuring contributions from leading lawyers, historians and social scientists, this path-breaking volume explores encounters of laws, people, and places in Australia since 1788. Its chapters address three major themes: the development of Australian settler law in the shadow of the British Empire; the interaction between settler law and First Nations people; and the possibility of meaningful encounter between First laws and settler legal regimes in Australia. Several chapters explore the limited space provided by Australian settler law for respectful encounters, particularly in light of the High Court's particular concerns about the fragility of Australian sovereignty. Tracing the development of a uniquely Australian law and the various contexts that shaped it, this volume is concerned with the complexity, plurality, and ambiguity of Australia's legal history.

    • Promotes understanding of the plural sources of law and legal structure in Australia by exploring encounters of laws, people and places since 1788
    • Outlines the development of a uniquely Australian law through processes of adapting British law and legislation to Australian circumstances, showing doctrinal continuity and discontinuity in Australian history
    • Demonstrates the importance of socio-legal analysis in legal history by tracing the various contexts, from imperial to environmental, that shaped Australian law
    Read more

    Reviews & endorsements

    'This superb volume showcases the sparkling insights and deep research that have placed Australian legal history at the forefront of global scholarship on interactions of Indigenous, imperial, and settler law. A stunning achievement.' Lauren Benton, Yale University

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    Product details

    • Date Published: August 2022
    • format: Hardback
    • isbn: 9781108499224
    • length: 814 pages
    • dimensions: 237 x 161 x 44 mm
    • weight: 1.38kg
    • availability: In stock
  • Table of Contents

    1. Editor's introduction Peter Cane, Lisa Ford and Mark Macmillan
    Part I. Cultures of Law:
    2. Plural Legal orders: concept and practice Shaunnagh Dorsett
    3. English legal culture in the late 18th century: institutions and values David Lieberman
    4. Lawful Mary Spiers Williams
    Part II. Public Authority:
    5. Colonial settlement to colony Bruce Kercher
    6. Colonial self government Ann Curthoys and Jessie Mitchell
    7. Federation Brendan Lim
    8. Constitutionalism in Australia Cheryl Saunders
    9. Indigenous governance
    9.1 Mparntwe/Alice Springs: Towards a history of indigenous and settler jurisdictions Tim Rowse and Jennifer Green
    9.2 Gunditjmara and Ngarrindjeri: Case studies of indigenous self-government Daryle Rigney, Denis Rose, Alison Vivian, Miriam Jorgensen, Steve Hemming and Shaun Berg
    Part III. Public Authorities in Encounter:
    10. The challenge of indigenous polities Kirsty Gover and Eddie Cubillo
    11. Australia as empire Miranda Johnson and Cait Storr
    12. Australia and the World Coel Kirkby
    Part IV. Land and Environment:
    13. Settlement and dispossession Lisa Ford and David Andrew Roberts
    14. Australian land law Maureen Tehan
    15. Aboriginal land rights, subjection and the law Amanda Kearney
    16. Land justice Jason Behrendt and Sean Brennan
    17. Environment Ruth A Morgan and Judith Jones
    Part V. Social Organisation:
    18. Colonial law and its control of aboriginal and Torres Strait islander families Terri Libesman, Katherine Ellinghaus and Paul Gray
    19. The legal history of non-indigenous marriage Alecia Simmonds
    20. Protection regimes Amanda Nettelbeck
    21. Economic and social welfare Anne O'Brien
    22. Civil rights and indigenous people Gary Foley and Crystal McKinnon
    23. Rights Frank Bongiorno
    24. Citizenship and immigration Rayner Thwaites
    Part VI. Social Ordering:
    25. Criminal law and the administration of justice in early New South Wales and van diemen's land David Andrew Roberts
    26. Criminal justice after the convicts: A history of the long twentieth century Andy Kaladelfos and Alana Piper
    27. Indigenous peoples and settler criminal law Mark Finnane
    28. Civil wrongs Mark Lunney
    29. Labour law Diane Kirkby
    30. Place and race in australian copyright law: May gibbs' and albert namatjira's copyright Kathy Bowrey
    Part VII: Reckonings:
    31. Indigenous legal traditions and australian legal education Nicole Watson
    32. Reckoning with the past Shino Konishi.

  • Editors

    Peter Cane, University of Cambridge
    Peter Cane has written widely in areas of public law, private law and legal theory. He is co-editor (with H. Kumarasingham) of The Cambridge Constitutional History of the United Kingdom and author of Controlling Administrative Power: An Historical Comparison (2016). He is a Corresponding Fellow of the British Academy and a Fellow of the Academy of the Social Sciences in Australia.

    Lisa Ford, University of New South Wales, Sydney
    Lisa Ford is Professor of History at UNSW, Sydney. A prize-winning legal historian whose work explores jurisdictional politics in the United States and the British Empire to 1850, she is author of The King's Peace (2021) and Settler Sovereignty (2010), and co-author (with L. Benton) of Rage for Order (2016). She is a Fellow of the Academy of Humanities in Australia.

    Mark McMillan, RMIT University, Melbourne
    Dr Mark McMillan is a Wiradjuri man from Trangie in New South Wales who was NAIDOC scholar of the year in 2013. Dr McMillan has published widely on the achievement of human rights for Australian Indigenous people, recovering Indigenous self-governance and promoting settler recognition for Indigenous law in Australia.

    Contributors

    Peter Cane, Lisa Ford, Mark Macmillan, Shaunnagh Dorsett, David Lieberman, Spiers Williams, Bruce Kercher, Ann Curthoys, Jessie Mitchell, Lim, Cheryl Saunders, Tim Rowse, Jennifer Green, Daryle Rigney, Denis Rose, Alison Vivian, Miriam Jorgensen, Steve Hemming, Shaun Berg, Kirsty Gover ,Eddie Cubillo, Miranda Johnson and Cait Storr, Coel Kirkby, Lisa Ford, David Andrew Roberts, Maureen Tehan, Amanda Kearney, Jason Behrendt, Sean Brennan, Ruth A Morgan, Judith Jones, Terri Libesman, Katherine Ellinghaus, Paul Gray, Alecia Simmonds, Amanda Nettelbeck, Anne O'Brien, Gary Foley and Crystal McKinnon, Bongiorno, Rayner Thwaites, David Andrew Roberts, Andy Kaladelfos, Alana Piper, Mark Finnane, Mark Lunney, Diane Kirkby, Kathy Bowrey, Nicole Watson, Shino Konishi

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