A History of Criminal Law in New South Wales PDF Download
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Author: Gregory D. Woods
Publisher: Federation Press
ISBN: 9781862874398
Category : Criminal justice, Administration of
Languages : en
Pages : 488
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Book Description
New South Wales is that rare political creation, a state founded for and upon the criminal law. The history of its criminal law from settlement to Federation is uniquely fascinating. Drawing on his range of experience as a university scholar, a criminal law QC and a judge, the author explains how Britain's criminal laws were established and developed in its (arguably) most successful colony. There are three themes:the horror and savagery of the criminal law transported to Australia and imposed there;the constitutional importance of basic criminal law rules requiring certainty of proof;the corrupt but necessary role of mercy in the administration of the law.There are several genuinely remarkable features of this book. One is that the author draws upon a vast body of material recently brought to light by Bruce Kercher in his massive disinterment of early colonial case law, to explain in detail the actual working of the New South Wales criminal courts.Another is that the core of the book is an analysis of New South Wales parliamentary debates between 1871 and 1883 on criminal law, illuminating the history of the law (and its future). Yet the most remarkable thing of all about this book is its rarity. In the many places where the British Empire imposed its laws, there are hundreds of universities and centres of legal study.Histories of the criminal law, or studies which can be so described, are rare or invisible. This admirable study will become a classic in its field, required reading by legal scholars, historians of colony and empire, and by astute legal practitioners making arguments for contemporary submissions or judgments.The second volume (Woods, 2018) continues the still-fascinating story from 1901 (when the colony became a state) through until mid-20th century, when the death penalty was effectively abolished.
Author: Gregory D. Woods
Publisher: Federation Press
ISBN: 9781862874398
Category : Criminal justice, Administration of
Languages : en
Pages : 488
Get Book
Book Description
New South Wales is that rare political creation, a state founded for and upon the criminal law. The history of its criminal law from settlement to Federation is uniquely fascinating. Drawing on his range of experience as a university scholar, a criminal law QC and a judge, the author explains how Britain's criminal laws were established and developed in its (arguably) most successful colony. There are three themes:the horror and savagery of the criminal law transported to Australia and imposed there;the constitutional importance of basic criminal law rules requiring certainty of proof;the corrupt but necessary role of mercy in the administration of the law.There are several genuinely remarkable features of this book. One is that the author draws upon a vast body of material recently brought to light by Bruce Kercher in his massive disinterment of early colonial case law, to explain in detail the actual working of the New South Wales criminal courts.Another is that the core of the book is an analysis of New South Wales parliamentary debates between 1871 and 1883 on criminal law, illuminating the history of the law (and its future). Yet the most remarkable thing of all about this book is its rarity. In the many places where the British Empire imposed its laws, there are hundreds of universities and centres of legal study.Histories of the criminal law, or studies which can be so described, are rare or invisible. This admirable study will become a classic in its field, required reading by legal scholars, historians of colony and empire, and by astute legal practitioners making arguments for contemporary submissions or judgments.The second volume (Woods, 2018) continues the still-fascinating story from 1901 (when the colony became a state) through until mid-20th century, when the death penalty was effectively abolished.
Author: Gregory D. Woods
Publisher:
ISBN: 9781760021931
Category : Criminal justice, Administration of
Languages : en
Pages : 896
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Book Description
New South Wales was from its origins uniquely connected with the criminal law. The second volume of A History of Criminal Law in New South Wales begins where the first volume left off in 1901 when the colony became a state.This is not simply a volume of technicalities and chronologies. Woods relates themes such as criminal punishment, the two World Wars, and the gradualism of change to the characters who inhabit the world of criminal practice, the courts and the gaols. John Norton and Paddy Crick are on the loose again for the first time since 1958, when Cyril Pearl immortalised them in Wild Men of Sydney. Riveting figures haunt these pages, such as Woolcott Forbes, the famous corporate fraudster of the 1930s and 1940s known in the press as "The Bullfighter"; a policeman with the improbable name of Mendelssohn Bartholdy Miller; and Major Charles Cousens, the plum-voiced prisoner-of-war and radio who faced charges of treason when he was returned to Australia at war's end.These and dozens of other characters (including notable judges, magistrates and practitioners) populate this continuation of the history of criminal law in New South Wales up to the mid-20th century when the death penalty was effectively abolished. Woods draws on his wide experience of the criminal law as an academic, law reformer, barrister and judge to describe the development of the law in its social, economic and political contexts. A History of Criminal Law in New South Wales is an essential and fascinating read for legal practitioners and historians.**Listen to interview: Greg Woods QC on ABC Radio National, A History of Criminal Law in NSW on Late Night Live with Phillip Adams_ 12th August 2019. Greg discusses fortune telling, sedition, homosexuality - they may not get a lot of prosecutions these days but historically they've been taken very seriously. Find out more about the history of criminal law. Click here
Author: Paula Jane Byrne
Publisher: Cambridge University Press
ISBN: 9780521522946
Category : History
Languages : en
Pages : 316
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Book Description
This book explores the relationship of a colonial people with English law and looks at the way in which the practice of law developed among the ordinary population. Paula Jane Byrne traces the boundaries among property, sexuality and violence, drawing from court records, dispositions and proceedings. She asks: What did ordinary people understand by guilt, suspicion, evidence and the term "offense"? She illuminates the values and beliefs of the emerging colonial consciousness and the complexity of power relations in the colony. The book reconstructs the legal process with great tetail and richness and is able to evoke the everyday lives of people in the colonial NSW.
Author: Paula Jane Byrne
Publisher: Cambridge University Press
ISBN: 9780521522946
Category : History
Languages : en
Pages : 324
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Book Description
This book looks at how the practice of law developed in early New South Wales.
Author: David Neal
Publisher: Cambridge University Press
ISBN: 9780521372640
Category : History
Languages : en
Pages : 284
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Book Description
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. The convicts had first-hand experience of criminal law, but all the settlers were part of a culture that emphasized the rule of law as the guarantee of its fundamental political value, British liberty. Dr. Neal outlines the interaction between law and politics in early New South Wales, where because there were no official political structures, the courts served as a de facto parliament and a means of political expression.
Author: EUGENE. SCHOFIELD-GEORGESON
Publisher:
ISBN: 9781925801255
Category :
Languages : en
Pages :
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Book Description
Author: John Michael Bennett
Publisher: Law Book Company for New South Wales Bar Association
ISBN:
Category :
Languages : en
Pages : 366
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Book Description
""Legal history", wrote Sir William Holdsworth, "must always begin with the history of the courts". In other words, it is necessary, historically speaking, to understand the institution administering the law before one comes to understand the law so administered. That is an object of this book. It is intended to prepare the way for the writing, in due course, of a comprehensive legal history of New South Wales and, hopefully, of Australia. Doubtless the chief concern of such a history will be the growth and development of the substantive law and of legal procedure. The present study, on the other hand, is directed to the growth and development of the institution principally responsible for applying and interpreting that law and administering that procedure within Australia's foundation State. Another object of this book is a commemorative one. It is published during the celebration of the Supreme Court's sesquincentenary. That is a fitting occasion to take stock of the court and of its achievements since it was first constituted." -- from the Introduction p. xv.
Author: David Brown
Publisher:
ISBN: 9781862875968
Category : Law
Languages : en
Pages : 1302
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Book Description
This major new text examines the core features of criminal law in all Australian jurisdictions. It builds upon the trend of recent High Court decisions to provide national solutions that will work so far as possible in all Australian jurisdictions, whether code or common law. Professor David Lanham and his co-authors at Melbourne Law School cover both general principles and specific offences. The latter include murder, manslaughter, abortion and euthanasia, assaults, threats, bodily harm and endangerment offences, sexual offences, theft and larceny, false pretences and deception, and offences involving financial advantage, benefits and detriments. There is significant novelty in the very close analysis of the central role played by defences in assessing criminality. This is accompanied by detailed discussion of general topics such as the different forms of criminal liability, and preliminary crimes such as attempts, incitement and conspiracy. There is also a chapter on accomplices, including aiding and abetting, innocent agency, and acting in concert and causation as a basis of joint liability. Three additional introductory chapters - What is a Crime? The Purposes of Criminal Law, and The Anatomy of a Crime - intended particularly for students, are available electronically. See Supplements below.
Author: Ray S. Watson
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages :
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Book Description
Author: David Brown
Publisher:
ISBN: 9781862879843
Category : Criminal law
Languages : en
Pages : 1456
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Book Description
The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a "textbook, casebook, handbook and reference work". As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective.It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines.This sixth edition strengthens these distinctive features. All chapters have been systematically updated to incorporate the plethora of legislative, case law, statistical and research material which has emerged since the previous edition. The critical, thematic, contextual and interdisciplinary perspectives have been deepened. A new Policing chapter has been added, Assault and Sexual Assault divided into separate chapters and the process coverage and theme extended throughout.
