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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: 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: 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: Mark Brown
Publisher: Routledge
ISBN: 1134056036
Category : Law
Languages : en
Pages : 232
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Book Description
This book provides an account of the distinctive way in which penal power developed outside the metropolitan centre. Proposing a radical revision of the Foucauldian thesis that criminological knowledge emerged in the service of a new form of power – discipline – that had inserted itself into the very centre of punishment, it argues that Foucault’s alignment of sovereign, disciplinary and governmental power will need to be reread and rebalanced to account for its operation in the colonial sphere. In particular it proposes that colonial penal power in India is best understood as a central element of a liberal colonial governmentality. To give an account of the emergence of this colonial form of penal power that was distinct from its metropolitan counterpart, this book analyses the British experience in India from the 1820s to the early 1920s. It provides a genealogy of both civil and military spheres of government, illustrating how knowledge of marginal and criminal social orders was tied in crucial ways to the demands of a colonial rule that was neither monolithic nor necessarily coherent. The analysis charts the emergence of a liberal colonial governmentality where power was almost exclusively framed in terms of sovereignty and security and where disciplinary strategies were given only limited and equivocal attention. Drawing on post-colonial theory, Penal Power and Colonial Rule opens up a new and unduly neglected area of research. An insightful and original exploration of theory and history, this book will appeal to students and scholars of Law, Criminology, History and Post-colonial Studies.
Author: Res Schuerch
Publisher: Springer
ISBN: 9462651922
Category : Law
Languages : en
Pages : 305
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Book Description
This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from an African standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis. Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zürich.
Author: Bradley Chapin
Publisher: University of Georgia Press
ISBN: 0820336912
Category : Law
Languages : en
Pages : 224
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Book Description
This study analyzes the development of criminal law during the first several generations of American life. Its comparison of the substantive and procedural law among the colonies reveals the similarities and differences between the New England and the Chesapeake colonies. Bradley Chapin addresses the often-debated question of the “reception” of English law and makes estimates of the relative weight of the sources and methods of early American law. A main theme of his book is that colonial legislators and judges achieved a significant reform of the English criminal law at a time when a parallel movement in England failed. The analysis is made specific and concrete by statistics that show patterns of prosecutions and crime rates. In addition to the exciting and convincing theme of a “lost period” of great creativity in American criminal law, Chapin gives a wealth of detail on statutory and common-law rulings, noteworthy criminal cases, and judicial views of how the law was to be administered. He provides social and economic explanations of shifts and peculiarities in the law, using carefully arranged evidence from the records. His treatment of the Quaker cases in Massachusetts and the witchcraft prosecutions in New England throws new light on those frequently misunderstood episodes. Chapin's book will be of interest not only to scholars working in the field but also to anyone curious about early American legal history.
Author: Viviane Saleh-Hanna
Publisher: University of Ottawa Press
ISBN: 0776618237
Category : Social Science
Languages : en
Pages : 536
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Book Description
A pioneering book on prisons in West Africa, Colonial Systems of Control: Criminal Justice in Nigeria is the first comprehensive presentation of life inside a West African prison. Chapters by prisoners inside Kirikiri maximum security prison in Lagos, Nigeria are published alongside chapters by scholars and activists. While prisoners document the daily realities and struggles of life inside a Nigerian prison, scholar and human rights activist Viviane Saleh-Hanna provides historical, political, and academic contexts and analyses of the penal system in Nigeria. The European penal models and institutions imported to Nigeria during colonialism are exposed as intrinsically incoherent with the community-based conflict-resolution principles of most African social structures and justice models. This book presents the realities of imprisonment in Nigeria while contextualizing the colonial legacies that have resulted in the inhumane brutalities that are endured on a daily basis. Keywords: Nigeria, West Africa, penal system, maximum-security prison. Published in English.
Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654604
Category : Law
Languages : en
Pages : 1100
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Book Description
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Author: Kate Stevens
Publisher: Bloomsbury Publishing
ISBN: 1350275522
Category : History
Languages : en
Pages : 305
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Book Description
Centering on cases of sexual violence, this book illuminates the contested introduction of British and French colonial criminal justice in the Pacific Islands during the late 19th and early 20th centuries, focusing on Fiji, New Caledonia, and Vanuatu/New Hebrides. It foregrounds the experiences of Indigenous Islanders and indentured laborers in the colonial court system, a space in which marginalized voices entered the historical record. Rape and sexual assault trials reveal how hierarchies of race, gender and status all shaped the practice of colonial law in the courtroom and the gendered experiences of colonialism. Trials provided a space where men and women narrated their own story and at times challenged the operation of colonial law. Through these cases, Gender, Violence and Criminal Justice in the Colonial Pacific highlights the extent to which colonial bureaucracies engaged with and affected private lives, as well as the varied ways in which individuals and communities responded to such intrusions and themselves reshaped legal practices and institutions in the Pacific. With bureaucratic institutions unable to deal with the complex realities of colonial lives, Stevens reveals how the courtroom often became a theatrical space in which authority was performed, deliberately obscuring the more complex and violent practices that were central to both colonialism and colonial law-making. Exploring the intersections of legal pluralism and local pragmatism across British and French colonialization in the Pacific, this book shows how island communities and early colonial administrators adopted diverse and flexible approaches towards criminal justice, pursuing alternative forms of justice ranging from unofficial courts to punitive violence in order to deal with cases of sexual assault.
Author: Gregory D. Woods
Publisher: Federation Press
ISBN: 9781862874398
Category : History
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: Meena Radhakrishna
Publisher: Orient Blackswan
ISBN: 9788125020905
Category : History
Languages : en
Pages : 222
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Book Description
This book explores how colonial policies converted itinerant groups on the one hand into a source of cheap labour and on the other into a category known as criminal tribes . It also examines missionary activity especially the Salvation Army, in the Madras Presidency in the nineteenth century.
