The Rule of Law in a Penal Colony
Law and Politics in Early New South Wales
Series: Studies in Australian History;
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Estimated delivery time: In stock at the publisher, but not at Prospero's office. Delivery time approx. 3-5 weeks.
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Product details:
- Edition number New ed
- Publisher Cambridge University Press
- Date of Publication 30 April 2002
- ISBN 9780521522977
- Binding Paperback
- No. of pages284 pages
- Size 216x140x16 mm
- Weight 360 g
- Language English 0
Categories
Short description:
Dr Neal shows how the courts served as a de facto parliament in early New South Wales.
MoreLong description:
Ironically, the first civil case to be heard in Australia occurred at the behest of two convicts under sentence. Of course, convicts had first-hand experience of criminal law, but all the settlers were part of a culture which emphasised the rule of law as the guarantee of its fundamental political value, British liberty. This book, written by a lawyer and unique for its perspective based in both legal and social history, illuminates the important role played by the concept of the rule of law in the transformation of New South Wales from a penal colony to a free society. Dr Neal lucidly outlines the interaction between law and politics in early New South Wales and shows that because there were no official political structures, the courts served as a de facto parliament and a means of political expression.
"The early history (1788 to 1842) of New South Wales was dominated by its designation as a place for 'transported felons'--forgers, embezzlers, burglars, revolutionaries, and prostitutes--who mercifully escaped the hangman's noose in England. Here is an extremely interesting account of its growth from the legal perspective and of the development of a system of magistracy, courts, and police....An excellent study, well written, well documented...." Choice
Table of Contents:
List of illustrations; Abbreviations; Preface; 1. Great changes; 2. Free society, penal colony, slave society, prison?; 3. The rule of law; 4. The courts; 5. The magistracy; 6. Policing a penal colony; 7. The campaign for trial by jury; 8. Conclusion; Appendices; Notes; Bibliography; Index.
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