Download or read book A Source Book of Australian Legal History written by John Michael Bennett and published by Law Book Company for New South Wales Bar Association. This book was released on 1979 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section V. The foundation law (p. 247-63) outlines English legal principles of colonisation and introduction of English law in Australia; influence of international jurists, esp. Vattel; instructions to Capt. Cook, proclamations of colonies; Batmans treaty and its voiding; early application of English law to Aborigines in Tasmania and New South Wales.
Download or read book A Source Book of Australian Legal History written by Alex Cuthbert Castles and published by . This book was released on 1979 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Introduction to Australian Legal History written by Alex Cuthbert Castles and published by Sydney : Law Book Company. This book was released on 1971-01-01 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Source Book of Australian History written by Gwendolen Swinburne and published by DigiCat. This book was released on 2022-06-13 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A Source Book of Australian History" is a concise full history of Australia from the discovery of Tasmania to the National Australian Convention and the establishment of the Commonwealth of Australia. The book was aimed at students interested in learning the subject. Each chapter has a short synopsis at the beginning to better comprehend the subject.
Download or read book An Australian Legal History written by Alex Cuthbert Castles and published by Lawbook Company. This book was released on 1982 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes cases, concepts and principles affecting status of Aboriginal people under British law; territorium nullius and non-recognition of Aboriginal land rights.
Download or read book The Cambridge Legal History of Australia written by Peter Cane and published by Cambridge University Press. This book was released on 2022-08-18 with total page 927 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law history colonialism written by Diane Kirkby and published by Manchester University Press. This book was released on 2017-03-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the latest contemporary research from an internationally acclaimed group of scholars, Law, history, colonialism brings together the disciplines of law, history and post-colonial studies in a singular exploration of imperialism. In fresh, innovative essays from a range of disciplinary backgrounds, this collection offers exciting new perspectives on the length and breadth of empire. As issues of native title, truth and reconciliation commissions, and access to land and natural resources are contested in courtrooms and legislation of former colonies, the disciplines of law and history afford new ways of seeing, hearing and creating knowledge. Issues explored include the judicial construction of racial categories, the gendered definitions of nation-states, the historical construction of citizenship, sovereignty and land rights, the limits to legality and the charting of empire, constructions of madness among colonised peoples, reforming property rights of married women, questions of legal and historical evidence, and the rule of law. This collection will be an indispensable reference work to scholars, students and teachers.
Download or read book A Legal History for Australia written by Sarah McKibbin and published by Bloomsbury Publishing. This book was released on 2021-07-29 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a contemporary legal history book for Australian law students, written in an engaging style and rich with learning features and illustrations. The writers are a unique combination of talents, bringing together their fields of research and teaching in Australian history, British constitutional history and modern Australian law. The first part provides the social and political contexts for legal history in medieval and early modern England and America, explaining the English law which came to Australia in 1788. This includes: The origins of the common law The growth of the legal profession The making of the Magna Carta The English Civil Wars The Bill of Rights The American War of Independence. The second part examines the development of the law in Australia to the present day, including: The English criminal justice system and convict transportation The role of the Privy Council in 19th century Indigenous Australia in the colonial period The federation movement Constitutional Independence The 1967 Australian referendum and the land rights movement. The comprehensive coverage of several centuries is balanced by a dynamic writing style and tools to guide the student through each chapter including learning outcomes, chapter outlines and discussion points. The historical analysis is brought to life by the use of primary documentary evidence such as charters, statutes, medieval source books and Coke's reports, and a series of historical cameos - focused studies of notable people and issues from King Edward I and Edward Coke to Henry Parkes and Eddie Mabo - and constitutional detours addressing topics such as the separation of powers, judicial review and federalism. A Legal History for Australia is an engaging textbook, cogently written and imaginatively resourced and is supported by a companion website: https://www.bloomsburyonlineresources.com/a-legal-history-for-australia
Download or read book A Legal History for Australia written by Sarah McKibbin and published by Bloomsbury Publishing. This book was released on 2021-07-29 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a contemporary legal history book for Australian law students, written in an engaging style and rich with learning features and illustrations. The writers are a unique combination of talents, bringing together their fields of research and teaching in Australian history, British constitutional history and modern Australian law. The first part provides the social and political contexts for legal history in medieval and early modern England and America, explaining the English law which came to Australia in 1788. This includes: The origins of the common law The growth of the legal profession The making of the Magna Carta The English Civil Wars The Bill of Rights The American War of Independence. The second part examines the development of the law in Australia to the present day, including: The English criminal justice system and convict transportation The role of the Privy Council in 19th century Indigenous Australia in the colonial period The federation movement Constitutional Independence The 1967 Australian referendum and the land rights movement. The comprehensive coverage of several centuries is balanced by a dynamic writing style and tools to guide the student through each chapter including learning outcomes, chapter outlines and discussion points. The historical analysis is brought to life by the use of primary documentary evidence such as charters, statutes, medieval source books and Coke's reports, and a series of historical cameos - focused studies of notable people and issues from King Edward I and Edward Coke to Henry Parkes and Eddie Mabo - and constitutional detours addressing topics such as the separation of powers, judicial review and federalism. A Legal History for Australia is an engaging textbook, cogently written and imaginatively resourced and is supported by a companion website: https://www.bloomsburyonlineresources.com/a-legal-history-for-australia
Download or read book Lectures on Legal History written by W. J. V. Windeyer and published by Lawbook Company. This book was released on 1957 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Historical Dictionary of Australia written by Norman Abjorensen and published by Rowman & Littlefield. This book was released on 2014-12-05 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australia’s development, from the most unpromising of beginnings as a British prison in 1788 to the prosperous liberal democracy of the present is as remarkable as is its success as a country of large-scale immigration. Since 1942 it has been a loyal ally of the United States and has demonstrated this loyalty by contributing troops to the war in Vietnam and by being part of the “coalition of the willing” in the U.S. invasion of Iraq in 2003 and in operations in Afghanistan. In recent years, it has also been more willing to promote peace and democracy in its Pacific and Asian neighbors. This fourth edition of Historical Dictionary of Australia covers its history through a chronology, an introductory essay, appendixes, and an extensive bibliography. The dictionary section has over 500 cross-referenced entries on important personalities, politics, economy, foreign relations, religion, and culture. This book is an excellent access point for students, researchers, and anyone wanting to know more about Australia.
Download or read book An Unruly Child written by Bruce Kercher and published by Routledge. This book was released on 2020-07-23 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This is a provocative re-examination of our legal history appearing at a time when Australians are reconsidering both their past and their future.' - The Hon. Justice Michael Kirby AC CMG, President of the New South Wales Court of Appeal The imperial view of Australian law was that it was a weak derivative of English law. In An Unruly Child, Bruce Kercher rewrites history. He reveals that since 1788 there has been a contest between the received legal wisdom of Mother England and her sometimes unruly offspring. The resulting law often suited local interests, but was not always more just. Kercher also shows that law has played a major role in Australian social history. From the convict settlements and the Eureka stockade in the early years to the Harvester Judgement, the White Australia Policy and most recently the Mabo case, central themes of Australian history have been framed by the legal system. An Unruly Child is a groundbreaking work which will influence our understanding of Australia's history and its legal system.
Download or read book The Invisible State written by Alastair Davidson and published by Cambridge University Press. This book was released on 2002-08-08 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the modern State, power rests on the consensus of the citizens. They accord its institutions the authority to regulate society. State theory suggests that this authority is a right to speak on certain matters in certain ways and to have the audience agree with those statements. It is a matter of an authorised language; all others fall into the category of ratbaggery. In this 1991 book, the first major book applying State theory to Australia, Alastair Davidson shows how Australian citizens were formed in the nineteenth century, and how their particular characteristics led to the empowering of a certain language of power: legalism. He further shows that this made the judiciary the most powerful arm of government - unlike countries where the people arm sovereign and the legislature supreme - because the judiciary has the last say on all issues and in its own language.
Download or read book Wellington s Men in Australia written by C. Wright and published by Springer. This book was released on 2011-04-28 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of the little-known yet historically important emigration of British army officers to the Australian colonies in the aftermath of the Napoleonic Wars. The book looks at the significant impact they made at a time of great colonial expansion, particularly in new south Wales with its transition from a convict colony to a free society.
Download or read book Aboriginal Customary Law A Source of Common Law Title to Land written by Ulla Secher and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).
Download or read book The A to Z of Australia written by James C. Docherty and published by Scarecrow Press. This book was released on 2010-04-01 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last continent to be claimed by Europeans, Australia began to be settled by the British in 1788 in the form of a jail for its convicts. While British culture has had the largest influence on the country and its presence can be seen everywhere, the British were not Australia's original populace. The first inhabitants of Australia, the Aborigines, are believed to have migrated from Southeast Asia into northern Australia as early as 60,000 years ago. This distinctive blend of vastly different cultures contributed to the ease with which Australia has become one of the world's most successful immigrant nations. The A to Z of Australia relates the history of this unique and beautiful land, which is home to an amazing range of flora and fauna, a climate that ranges from tropical forests to arid deserts, and the largest single collection of coral reefs and islands in the world. Through a detailed chronology, an introduction, appendixes, a bibliography, and cross-referenced dictionary entries on some of the more significant persons, places, and events; institutions and organizations; and political, economic, social, cultural, and religious facets, author James Docherty provides a much needed single volume reference on Australia, from its most unpromising of beginnings as a British jail to the liberal, tolerant, democracy it is today.
Download or read book Dewigged Bothered and Bewildered written by John McLaren and published by University of Toronto Press. This book was released on 2011-01-01 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
