Journal Of The Royal Australian Historical Society
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A History of Criminal Law in New South Wales by Gregory D. Woods Pdf
New South Wales is that rare political creation, a state founded for and upon the criminal law. The history of its criminal law from settlement to Federation is uniquely fascinating. Drawing on his range of experience as a university scholar, a criminal law QC and a judge, the author explains how Britain's criminal laws were established and developed in its (arguably) most successful colony. There are three themes:the horror and savagery of the criminal law transported to Australia and imposed there;the constitutional importance of basic criminal law rules requiring certainty of proof;the corrupt but necessary role of mercy in the administration of the law.There are several genuinely remarkable features of this book. One is that the author draws upon a vast body of material recently brought to light by Bruce Kercher in his massive disinterment of early colonial case law, to explain in detail the actual working of the New South Wales criminal courts.Another is that the core of the book is an analysis of New South Wales parliamentary debates between 1871 and 1883 on criminal law, illuminating the history of the law (and its future). Yet the most remarkable thing of all about this book is its rarity. In the many places where the British Empire imposed its laws, there are hundreds of universities and centres of legal study.Histories of the criminal law, or studies which can be so described, are rare or invisible. This admirable study will become a classic in its field, required reading by legal scholars, historians of colony and empire, and by astute legal practitioners making arguments for contemporary submissions or judgments.The second volume (Woods, 2018) continues the still-fascinating story from 1901 (when the colony became a state) through until mid-20th century, when the death penalty was effectively abolished.
'It is the duty of historians to be, wherever they can, accurate, precise, humane, imaginative - using moral imagination above all – and even-handed.' - Alan Atkinson The second of three volumes of the landmark, award-winning series The Europeans in Australia gives an account of early settlement by Britain. It tells of the political and intellectual origins of this extraordinary undertaking that began during the 1780s, a decade of extraordinary creativity and the climax of the European Enlightenment. Volume Two, Democracy, takes the story from around 1815 to the early 1870s. By exploring the nineteenth-century ‘communications revolution’ Atkinson casts new light on the way Australia first found its place in a ‘global’ world. This volume is more than a story of geography and politics. It describes the way people thought and felt. Throughout the trilogy Atkinson traces subtle and sudden shifts of ‘common imagination’ by analysing the lives of both powerful and ordinary Australians. He sets out the ideas and the imagery that moved and marked the people. This book, like all his work, is grounded in thorough and rigorous scholarship yet imbued with compassion and insight. Written ‘from the inside’, it is – as he says – history ‘caught up with the flesh and memory it describes’. The culmination of an extraordinary career in the writing and teaching of Australian history,The Europeans in Australia grapples with the Australian historical experience as a whole from the point of view of the settlers from Europe. Ambitious and unique, it is the first such large, single-author account since Manning Clark’s A History of Australia.
The idea of an Australian republic has existed from the moment the First Fleet sailed into Sydney Harbour. This book is a comprehensive history of republican thought and activity in Australia and traces republican debate in Australia from 1788. It explains the pivotal role played by republican philosophies in the decades before responsible government was granted to the Australian colonies in 1856 and prior to federation in 1901. Mark McKenna also describes the often erratic appearance of republicanism during the twentieth century, focusing in particular on the period after 1975, when the issue of a republic became a prominent and increasingly fixed term on the political agenda. This book will be essential reading for all those with an interest in political and intellectual history. It calls for a higher level of public debate about the republic and makes an outstanding contribution to this debate itself.