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

Cambridge : Cambridge University Press, 2022.

1st edition

200625

Law -- Australia -- History.

1. Editors introduction

Part 1: Cultures of law

2. Plural legal orders: concept and practice

3. English legal culture in the late eighteenth century: institutions and values

4. Challenging settler state legal fantasies: basic precepts of first law

Part 2: Public authority

5. Colonial settlement to colony

6. Colonial self-government

7. Federation

8. Constitutionalism in Australia

9. Indigenous governance

9.1 Mparntwe/Alice Springs: towards a history of indigenous and settler jurisdictions

9.2 Gunditjmara and Ngarrindjeri: case studies of indigenous self-government

Part 3: Public authorities in encounter

10. The challenge of indigenous polities

11. Australia as empire

12. Australia and the world

Part 4: Land and environment

13. Settlement and dispossession

14. Australian land law

15. Aboriginal land rights, subjection and the Law

16. Land justice

17. Environment

Part 5: Social organisation

18. Colonial law and its control of Aboriginal and Torres Strait Islander families

19. The legal history of non-indigenous marriage

20. Protection regimes

21. Economic and social welfare

22. Civil rights and indigenous people

23. Rights

24. Citizenship and immigration

Part 6: Social ordering

25. Criminal law and the administration of justice in early New South Wales and Van Diemen’s Land

26. Criminal justice after the convicts: a history of the long twentieth century

27. Indigenous peoples and settler criminal law

28. Civil wrongs

29. Labour law

30. Place and race in Australian copyright law: May Gibbs’s and Albert Namatjira’s copyright

Part 7: Reckonings

31. Indigenous legal traditions and Australian legal education

32. Reckoning with the past.

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. Promotes understanding of the plural sources of law and legal structure in Australia by exploring encounters of laws, people and places since 1788. Outlines the development of a uniquely Australian law through processes of adapting British law and legislation to Australian circumstances, showing doctrinal continuity and discontinuity in Australian history. demonstrates the importance of socio-legal analysis in legal history by tracing the various contexts, from imperial to environmental, that shaped Australian law. Publisher's website.

Includes bibliographical references and index.

9781108499224

xvii, 794 pages ; 24 cm