A Source Book Of Australian Legal History

Author : John Michael Bennett,Alex Cuthbert Castles
Publisher : Law Book Company for New South Wales Bar Association
Page : 320 pages
File Size : 53,5 Mb
Release : 1979
Category : Law
ISBN : STANFORD:36105043680466

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A Source Book of Australian Legal History by John Michael Bennett,Alex Cuthbert Castles Pdf

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.

Author : Alex Cuthbert Castles
Publisher : Unknown
Page : 299 pages
File Size : 43,8 Mb
Release : 1979
Category : Electronic
ISBN : OCLC:313513311

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A Source Book of Australian Legal History by Alex Cuthbert Castles Pdf

Author : Alex Cuthbert Castles
Publisher : Sydney : Law Book Company
Page : 169 pages
File Size : 42,8 Mb
Release : 1971-01-01
Category : Courts
ISBN : 0455152004

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An Introduction to Australian Legal History by Alex Cuthbert Castles Pdf

Author : Diane Elizabeth Kirkby,Catharine Coleborne
Publisher : Manchester University Press
Page : 324 pages
File Size : 54,6 Mb
Release : 2001
Category : History
ISBN : 0719060664

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Law, History, Colonialism by Diane Elizabeth Kirkby,Catharine Coleborne Pdf

This work brings together the disciplines of law, history and post-colonial studies in an exploration of imperialism. In essays, from a range of disciplinary backgrounds, it offers perspectives on the length and breadth of empire.

Author : Peter Cane,Lisa Ford,Mark McMillan
Publisher : Cambridge University Press
Page : 927 pages
File Size : 48,7 Mb
Release : 2022-08-18
Category : Law
ISBN : 9781108586016

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The Cambridge Legal History of Australia by Peter Cane,Lisa Ford,Mark McMillan Pdf

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.

Author : Alex Cuthbert Castles
Publisher : Lawbook Company
Page : 586 pages
File Size : 40,5 Mb
Release : 1982
Category : Law
ISBN : STANFORD:36105043779219

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An Australian Legal History by Alex Cuthbert Castles Pdf

Includes cases, concepts and principles affecting status of Aboriginal people under British law; territorium nullius and non-recognition of Aboriginal land rights.

Author : Gwendolen Swinburne
Publisher : DigiCat
Page : 260 pages
File Size : 55,9 Mb
Release : 2022-06-13
Category : History
ISBN : EAN:8596547063032

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A Source Book of Australian History by Gwendolen Swinburne Pdf

"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.

Author : Michael Bryan,Simone Degeling,Scott Donald,Vicki Vann
Publisher : Cambridge University Press
Page : 705 pages
File Size : 41,5 Mb
Release : 2022-11-30
Category : Law
ISBN : 9781009073912

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A Sourcebook on Equity and Trusts in Australia by Michael Bryan,Simone Degeling,Scott Donald,Vicki Vann Pdf

Provides a selection of primary legal materials with accompanying commentary and discussion.

Author : Bruce Kercher
Publisher : Routledge
Page : 220 pages
File Size : 46,8 Mb
Release : 2020-07-23
Category : Law
ISBN : 9781000248470

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An Unruly Child by Bruce Kercher Pdf

'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.

Author : Sarah McKibbin,Libby Connors,Marcus Harmes
Publisher : Bloomsbury Publishing
Page : 448 pages
File Size : 51,8 Mb
Release : 2021-07-29
Category : Law
ISBN : 9781509939596

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A Legal History for Australia by Sarah McKibbin,Libby Connors,Marcus Harmes Pdf

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

Author : Alastair Davidson
Publisher : Cambridge University Press
Page : 354 pages
File Size : 55,5 Mb
Release : 2002-08-08
Category : History
ISBN : 0521522951

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The Invisible State by Alastair Davidson Pdf

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.

Author : C. Wright
Publisher : Springer
Page : 243 pages
File Size : 44,8 Mb
Release : 2011-04-28
Category : History
ISBN : 9780230306035

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Wellington's Men in Australia by C. Wright Pdf

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.

Author : Norman Abjorensen,James C. Docherty
Publisher : Rowman & Littlefield
Page : 608 pages
File Size : 48,5 Mb
Release : 2014-12-05
Category : History
ISBN : 9781442245020

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Historical Dictionary of Australia by Norman Abjorensen,James C. Docherty Pdf

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.

Author : Ulla Secher
Publisher : Bloomsbury Publishing
Page : 534 pages
File Size : 40,9 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782253761

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Aboriginal Customary Law: A Source of Common Law Title to Land by Ulla Secher Pdf

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).

Author : M. W. D. White
Publisher : Federation Press
Page : 516 pages
File Size : 40,7 Mb
Release : 2009
Category : Law
ISBN : 1862877424

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Australian Offshore Laws by M. W. D. White Pdf

Australian Offshore Laws brings together in one place a reference to all laws that apply to offshore Australian waters for the benefit of legal practitioners, regulators, academics and students. It demonstrates the unnecessary complexity of the Australian offshore legal regime and proposes, as a first step towards reform, a review of the Offshore Constitutional Settlement of 1979 (OCS 1979). It discusses the manner of present drafting of such laws as many Commonwealth, State, and Territory laws apply offshore but few are drafted in a manner which identifies their limits or recognises their interaction with other offshore laws of with the OCS 1979.