An unruly child : a history of law in Australia


An unruly child : a history of law in Australia

Bruce Kercher

Allen & Unwin, 1995

  • : pbk.

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Includes bibliographical references (p. 206-242) and index



'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 AppealThe 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.


Abbreviations viiiPreface ixIntroduction: English flotsam xiPART I FRONTIER LAW 11 Aboriginal subjects of the Crown - 32 The contradictions of convict law - 223 Amateur law at the frontier - 43PART II IMPERIAL ORTHODOXY, 1820-1900 654 Innovation smothered? Formal changes from the 1820s to the 1850s - 675 The power of the judges: judicial review and the attachment to England - 826 Repugnant legislation: law making from 1824 to responsible government - 1037 Colonial freedom: law making between responsible government and 1900 - 124PART III FEDERATION: DEFERENCE AND INDEPENDENCE 1558 Creeping towards legal independence, 1901-1960 - 1579 The rebirth of Australian legal doctrine, 1960-1995 - 177Notes and sources 206Index 243

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  • ISBN
    • 1863738916
  • LCCN
  • 出版国コード
  • タイトル言語コード
  • 本文言語コード
  • 出版地
    St. Leonards, NSW, Australia
  • ページ数/冊数
    xxi, 248 p.
  • 大きさ
    23 cm
  • 分類
  • 件名