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The Cambridge legal history of Australia / edited by Peter Cane, Lisa Ford, Mark McMillan.

Cambridge Histories Online Available online

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Format:
Book
Contributor:
Cane, Peter, 1950- editor.
Ford, Lisa, 1974- editor.
McMillan, Mark David, 1969- editor.
Language:
English
Subjects (All):
Law--Australia--History.
Law.
Physical Description:
1 online resource (xvii, 794 pages) : digital, PDF file(s).
Place of Publication:
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022.
Summary:
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.
Contents:
Editor's introduction / Peter Cane, Lisa Ford, and Mark Macmillan
Plural legal orders : concept and practice / Shaunnagh Dorsett
English legal culture in the late 18th century : institutions and values / David Lieberman
Lawful Mary / Spiers Williams
Colonial settlement to colony / Bruce Kercher
Colonial self government / Ann Curthoys and Jessie Mitchell
Federation / Brendan Lim
Constitutionalism in Australia / Cheryl Saunders
Indigenous governance
The challenge of indigenous polities / Kirsty Gover and Eddie Cubillo
Australia as Empire / Miranda Johnson and Cait Storr
Australia and the world / Coel Kirkby
Settlement and dispossession / Lisa Ford and David Andrew Roberts
Australian land law / Maureen Tehan
Aboriginal land rights, subjection, and the law / Amanda Kearney
Land justice / Jason Behrendt and Sean Brennan
Environment / Ruth A Morgan and Judith Jones
Colonial law and its control of aboriginal and Torres Strait islander families / Terri Libesman, Katherine Ellinghaus, and Paul Gray
The legal history of non-indigenous marriage / Alecia Simmonds
Protection regimes / Amanda Nettelbeck
Economic and social welfare / Anne O'Brien
Civil rights and indigenous people / Gary Foley and Crystal McKinnon
Rights / Frank Bongiorno
Citizenship and immigration / Rayner Thwaites
Criminal law and the administration of justice in early New South Wales and Van Diemen's land / David Andrew Roberts
Criminal justice after the convicts : a history of the long twentieth century / Andy Kaladelfos and Alana Piper
Indigenous peoples and settler criminal law / Mark Finnane
Civil wrongs / Mark Lunney
Labour law / Diane Kirkby
Place and race in Australian copyright law : May Gibbs' and Albert Namatjira's copyright / Kathy Bowrey
Indigenous legal traditions and Australian indigenous legal traditions / Nicole Watson
Reckoning with the past / Shino Konishi.
Notes:
Title from publisher's bibliographic system (viewed on 05 Aug 2022).
Other Format:
Print version:
ISBN:
9781108633949 (ebook)
Access Restriction:
Restricted for use by site license.

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