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The Rule of Law in a Penal Colony David Neal

The Rule of Law in a Penal Colony By David Neal

The Rule of Law in a Penal Colony by David Neal


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Summary

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 Rule of Law in a Penal Colony Summary

The Rule of Law in a Penal Colony: Law and Politics in Early New South Wales by David Neal

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 Rule of Law in a Penal Colony Reviews

"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
"This book is an important contribution to our understanding of the role of law in Australian history." Bruce Kercher, Law and History Review

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.

Additional information

NPB9780521372640
9780521372640
052137264X
The Rule of Law in a Penal Colony: Law and Politics in Early New South Wales by David Neal
New
Hardback
Cambridge University Press
1992-01-31
284
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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