Download or read book The Rule of Law in a Penal Colony written by David Neal and published by Cambridge University Press. This book was released on 1992-01-31 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, written by a lawyer and unique for its perspective based in both legal and social history, illuminates the important role played by the concept of the rule of law in the transformation of New South Wales from a penal colony to a free society. The convicts had first-hand experience of criminal law, but all the settlers were part of a culture that emphasized the rule of law as the guarantee of its fundamental political value, British liberty. Dr. Neal outlines the interaction between law and politics in early New South Wales, where because there were no official political structures, the courts served as a de facto parliament and a means of political expression.
Download or read book The Rule of Law in a Penal Colony written by David J. Neal and published by . This book was released on 1987 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Rule of Law in a Penal Colony written by David J. Neal and published by . This book was released on 1987 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Rule of Law written by Cheryl Saunders and published by Federation Press. This book was released on 2003 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the views of an extraordinary range of well-known authors. It contains essays by: Chief Justice Murray Gleeson, High Court of Australia; Justice Louise Arbour, Supreme Court of Canada; Justice Ruth Bader Ginsburg, Supreme Court of USA; Dr Radhika Coomaraswamy, the UN Special Rapporteur on Violence against Women; and Professors Saunders (Australia), Dyzenhaus (Canada), and Troper (France). The essays cover issues such as: the debate about the meaning and application of the rule of law; the gaps between the theory and practice of the rule of law; relations between governments and people; the tensions between the judiciary and the elected branches of government; international criminal justice; and the position of women in situations of conflict and insurrection. The analyses in the book draw on topical events ranging from the Florida appeal in the election of President Bush to the indictment of Slobodan Milosevic at the War Crimes Tribunal.
Download or read book In the Penal Colony written by Franz Kafka and published by Sheba Blake Publishing. This book was released on 2017-04-19 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Penal Colony is a short story by Franz Kafka written in German in October 1914, revised in November 1918, and first published in October 1919. The story is set in an unnamed penal colony. Internal clues and the setting on an island suggest Octave Mirbeau's The Torture Garden as an influence. As in some of Kafka's other writings, the narrator in this story seems detached from, or perhaps numbed by, events that one would normally expect to be registered with horror. "In the Penal Colony" describes the last use of an elaborate torture and execution device that carves the sentence of the condemned prisoner on his skin before letting him die, all in the course of twelve hours. As the plot unfolds, the reader learns more and more about the machine, including its origin and original justification. The story focuses on the Explorer, who is encountering the brutal machine for the first time. Everything about the machine and its purpose is told to him by the Officer. The Soldier and the Condemned (who is unaware that he has been sentenced to die) placidly watch from nearby. The Officer tells of the religious epiphany the executed experience in their last six hours in the machine. Eventually, it becomes clear that the use of the machine and its associated process of justice – the accused is always instantly found guilty, and the law he has broken is inscribed on his body as he slowly dies over a period of 12 hours – has fallen out of favor with the current Commandant. The Officer is nostalgic regarding the torture machine and the values that were initially associated with it. As the last proponent of the machine, he strongly believes in its form of justice and the infallibility of the previous Commandant, who designed and built the device. In fact, the Officer carries its blueprints with him and is the only person who can properly decipher them; no one else is allowed to handle these documents.
Download or read book Judicial Reconstruction and the Rule of Law written by Angeline Lewis and published by Martinus Nijhoff Publishers. This book was released on 2012-08-27 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of building a blueprint ‘rule of law’ through military intervention has seized the imagination of practitioners and theorists alike in the past decade of peacebuilding operations, and an emphasis on simultaneous judicial reconstruction and security sector reform has emerged as their central strategy. This work, in a fresh approach based on recent military operations in Iraq and beyond, challenges both the universality of the blueprint and the doctrinal assumption that institutional reform by military interveners builds peace and legitimacy. In a comprehensive review, the essential role of the community in developing its own relationship with law, while interveners refocus exclusively on restoring public security using their extraordinary powers under international humanitarian law, emerges as the only future for ‘rule of law operations.’
Download or read book Lawyers and the Rule of Law written by Andrew Boon and published by Bloomsbury Publishing. This book was released on 2022-10-20 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines lawyers' contributions to creating and maintaining the rule of law, one of the pillars of a liberal democracy. It moves from the European Enlightenment to the modern day, exploring the role of judges, government lawyers, and private practitioners in creating, defining, and being defined by, the demands of modern society. The book is divided into 4 parts representing the big themes. The first part considers lawyers' contribution to the growth of constitutionalism, the second, the formulation of roles and identities, and the third the formation of values. The fourth part focuses on the challenges faced by lawyers and the rule of law in the past 50 years, the neoliberal period, and how they challenge both conceptions of lawyers and the rule of law. Each part is illustrated by defining events, from the execution of Charles I, through the Nuremberg Trials, to the insurrection by supporters of Donald Trump in January 2021. Although the focus is on England and Wales, parallel developments in other jurisdictions, Australia, Canada, New Zealand, and the USA, are considered. This allows analysis of lawyers' historical and contemporary engagement with the rule of law in jurisdictional systems based on the Common Law. Each chapter is thematic, but the passage through the book is broadly chronological.
Download or read book The Cambridge Companion to the Rule of Law written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2021-08-12 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces students, scholars, and practitioners to the theory and history of the rule of law.
Download or read book Historiography Empire and the Rule of Law written by Ian Duncanson and published by Routledge. This book was released on 2011-10-06 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historiography, Empire and the Rule of Law considers the intersection of these terms in the historical development of what has come to be known as the ‘rule of law’. The separation of governmental powers, checks and balances, and judicial independence signified something entirely new in the way in which politics was imagined and practiced. This ‘rule of law’ cannot, as it often is, be traced to the justification and practice of government as originating in a social contract among the governed; but rather, by analogy with a popular conveyancing innovation of the era, to the trust – a device by which the power of ownership of land could be restrained. But how could the restraint of power remain consistent with the avoidance of anarchic disagreement among those granted the task of supervision and restraint? In response, it is argued here, the central legal and political task became one of managing disagreement and change peacefully and constructively – by drawing on a colonial tradition that emphasised civility, negotiation and compromise. And the study of all of these qualities as they evolved, Ian Duncanson contends, is vital to understanding the emergence of the ‘rule of law’. Historiography, Empire and the Rule of Law will be invaluable for all those engaged in research and the postgraduate study of socio-legal and constitutional studies, and early modern and modern history.
Download or read book Criminal Justice in Colonial America 1606 1660 written by Bradley Chapin and published by University of Georgia Press. This book was released on 2010-06-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyzes the development of criminal law during the first several generations of American life. Its comparison of the substantive and procedural law among the colonies reveals the similarities and differences between the New England and the Chesapeake colonies. Bradley Chapin addresses the often-debated question of the “reception” of English law and makes estimates of the relative weight of the sources and methods of early American law. A main theme of his book is that colonial legislators and judges achieved a significant reform of the English criminal law at a time when a parallel movement in England failed. The analysis is made specific and concrete by statistics that show patterns of prosecutions and crime rates. In addition to the exciting and convincing theme of a “lost period” of great creativity in American criminal law, Chapin gives a wealth of detail on statutory and common-law rulings, noteworthy criminal cases, and judicial views of how the law was to be administered. He provides social and economic explanations of shifts and peculiarities in the law, using carefully arranged evidence from the records. His treatment of the Quaker cases in Massachusetts and the witchcraft prosecutions in New England throws new light on those frequently misunderstood episodes. Chapin's book will be of interest not only to scholars working in the field but also to anyone curious about early American legal history.
Download or read book Framing the Penal Colony written by Sophie Fuggle and published by Springer Nature. This book was released on 2023-02-20 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the representation of penal colonies both historically and in contemporary culture, across an array of media. Exploring a range of geographies and historical instances of the penal colony, it seeks to identify how the ‘penal colony’ as a widespread phenomenon is as much ‘imagined’ and creatively instrumentalized as it pertains to real sites and populations. It concentrates on the range of ‘media’ produced in and around penal colonies both during their operation and following their closures. This approach emphasizes the role of cross-disciplinary methods and approaches to examining the history and legacy of convict transportation, prison islands and other sites of exile. It develops a range of methodological tools for engaging with cultures and representations of incarceration, detention and transportation. The chapters draw on media discourse analysis, critical cartography, museum and heritage studies, ethnography, architectural history, visual culture including film and comics studies and gaming studies. It aims to disrupt the idea of adopting linear histories or isolated geographies in order to understand the impact and legacy of penal colonies. The overall claim made by the collection is that understanding the cultural production associated with this global phenomenon is a necessary part of a wider examination of carceral imaginaries or ‘penal spectatorship’ (Brown, 2009) past, present and future. It brings together historiography, criminology, media and cultural studies.
Download or read book Law s Fragile State written by Mark Fathi Massoud and published by Cambridge University Press. This book was released on 2013-05-27 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uncovers how colonial administrators, postcolonial governments and international aid agencies have promoted stability and their own visions of the rule of law in Sudan.
Download or read book The Rule of the Admirals written by Jerry Bannister and published by University of Toronto Press. This book was released on 2003-01-01 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jerry Bannister's The Rule of the Admirals examines governance in Newfoundland from the rule of the fishing admirals in 1699 to the establishment of representative government in 1832. It offers the first in-depth account of the rise and fall of the system of naval government that dominated the island for more than a century. In this provocative look at legal culture in eighteenth- and nineteenth-century Newfoundland, Bannister explores three topics in detail: naval government in St. John's, surrogate courts in the outports, and patterns in the administration of law. He challenges the conventional view that early Newfoundland was a lawless frontier isolated from the rest of the Atlantic world, and argues that an effective system of naval government emerged to meet the needs of those in power. An original and perceptive work, Bannister's argument demands that we reconsider much of our knowledge of early Newfoundland history. As he re-examines governance prior to an elected assembly and places his analysis firmly within the material conditions of Newfoundland society, Bannister provides a groundbreaking reinterpretation of a critical period in the island's colonial development. Ultimately, The Rule of the Admirals sheds light on one of the most misunderstood chapters in Canadian and British colonial 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 Law and Colonial Cultures written by Lauren Benton and published by Cambridge University Press. This book was released on 2002 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that institutions and culture serve as important elements of international legal order.
Download or read book The Grand Experiment written by Hamar Foster and published by UBC Press. This book was released on 2009-07-01 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Criminal Law and Colonial Subject written by Paula Jane Byrne and published by Cambridge University Press. This book was released on 2003-12-18 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at how the practice of law developed in early New South Wales.
