By what authority? : criminal law in colonial New South Wales 1788-1861 / Eugene Schofield-Georgeson.

North Melbourne, Vic. : Australian Scholarly Publishing, 2018.

1st edition

89008

Criminal justice, Administration of -- New South Wales -- History.

Criminal law -- New South Wales -- History -- 19th century.

Law reform -- New South Wales -- History.

New South Wales -- Social conditions -- 1788-1851.

New South Wales -- History -- 1788-1851.

1. Introduction

2. Violence, resistance & criminal process

3. Talking back

4. Radical reformers

5. Civic radicalism & the Jervis Acts in NSW

6. Criminal process & ruling-class division

7. Obfuscation & evidence law

8. Conclusion.

By What authority? makes a ground-breaking new case for a history of Australian criminal law from the 'bottom-up'. It does so by weaving together fascinating episodes of violence, protest, courtroom drama and colonial governance. For most people in the penal colony of New South Wales criminal law was brutal instrument of political coercion. It was also a part of daily life. In this sense, the law and its procedure were sometimes wielded by unlikely advocates in way that not only reformed the law but transformed the social and political life of the colony. Eugene Schofield-Georgeson argues that the reform of criminal law in the colony owned as much to the agitation and resistance of working-class radicals, an early labour movement and in some cases Aboriginal people, as it did to the judges, barristers and politicians who officiated over legal change. - Publisher's website.

Includes bibliographical references (pages 190-213) and index.

9781925801255

viii, 218 p. ; 23 cm