Acknowledgments |
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ix | |
Preface |
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xi | |
Prologue |
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1 | (3) |
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4 | (2) |
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The English ``time immemorial ways'' |
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6 | (6) |
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12 | (4) |
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``. . . a remote portion of the British Realm'' |
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16 | (3) |
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Private Vices Become Public Benefits |
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19 | (16) |
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``The child is father of the man. . .'': The governors as manufacturers of Australians |
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19 | (11) |
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An unruly family: The ideology of an unpunished and undisciplined convict world |
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30 | (5) |
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35 | (30) |
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Settling them down: Compelling work habits |
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35 | (6) |
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The experience of work: Learning through doing |
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41 | (8) |
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Making the family: Marriage and the creation of the basic social organisation |
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49 | (9) |
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The result of such patterns of punishment and discipline: The disciplined, honest and industrious family man |
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58 | (7) |
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65 | (26) |
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Deliberately possessive individualism causes unintended political attitudes: The adolescent rebellion created |
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65 | (4) |
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Squatters as models: The biggest possessive individualists lead the rest |
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69 | (8) |
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``The way to hell...'': The destruction of the Aborigines |
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77 | (9) |
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Equal treatment for the unequal compounds injustice |
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86 | (5) |
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The House That Jack Built |
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91 | (32) |
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The reforming administered society and its structure |
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91 | (2) |
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The British connection: The despotic enemy |
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93 | (3) |
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A separate Australian administration emerges |
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96 | (6) |
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102 | (5) |
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Public action in the police state: Learning to be a citizen |
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107 | (5) |
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The systematisation of police regulation: From regular coercion to preventative regulation |
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112 | (7) |
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The establishment of an ``impartial'' administration |
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119 | (4) |
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Quis Custodiet Ipsos Custodes? The Sovereignty of the Law |
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123 | (28) |
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Finding a ``more reasonable basis'' for the national family: The end of an unaccountable administration and the beginning of law |
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123 | (6) |
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The reason of the Australian law and the place of politics in it |
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129 | (12) |
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The bases for consensus in the rule of law |
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141 | (7) |
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Ousting popular notions of law and justice |
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148 | (3) |
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151 | (42) |
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The legal profession becomes dominant in society |
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151 | (3) |
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The lawyers lead the struggle for civil liberties |
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154 | (4) |
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Politics and the beginnings of the Australian State |
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158 | (1) |
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The popular demand for British law and order |
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159 | (3) |
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The lawyers set up the State for the people |
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162 | (7) |
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The lawyers decide what this new State is and fail |
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169 | (2) |
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The law decides what the State is and succeeds |
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171 | (5) |
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It is not what the British have: Responsible government |
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176 | (11) |
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Why the ``rule of law'' in Australia is not the British ``rule of law'' |
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187 | (2) |
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Colonial self-government: The forms of democracy without the substance |
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189 | (4) |
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``Suffer Little Children'' |
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193 | (26) |
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Threats to stability: International capitalism and the world market |
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193 | (6) |
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New hegemonic solutions: The manipulation of women |
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199 | (8) |
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New hegemonic solutions: The State in loco parentis |
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207 | (4) |
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New hegemonic solutions: The State as educator |
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211 | (3) |
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New hegemonic solutions: Demographic control of the population and the complicit victims |
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214 | (5) |
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219 | (22) |
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Threats to the hegemonic State: The use of ``labour'' |
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219 | (2) |
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The contradictions of capitalism and the failure of the colonial hegemonic State |
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221 | (4) |
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The beginnings of an Australian solution: Legalisation of conflict by conciliation and arbitration |
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225 | (2) |
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The systemic limits to conciliation and arbitration in the colonial State |
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227 | (3) |
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Continuity and change: The federal solution as the extension of the hegemony of law |
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230 | (3) |
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The consensus of the people: The conventions of the 1890s |
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233 | (3) |
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The people sign their own warrant |
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236 | (2) |
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A people gets the government it deserves? The constitution of the Commonwealth of Australia |
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238 | (3) |
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``... the Triumph of the People'' |
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241 | (16) |
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Who was responsible for the failure to achieve popular sovereignty? |
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241 | (2) |
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The role of the organisers of the people and the hegemony of bourgeois ideas |
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243 | (7) |
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The absence of theory and the triumph of legalism in the leaders of the people |
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250 | (4) |
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Lost opportunities and pious hopes |
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254 | (3) |
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257 | (4) |
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The de jure pre-eminence of the judiciary in the Australian State |
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257 | (1) |
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Its de facto pre-eminence excludes a discourse of popular sovereignty |
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258 | (3) |
Notes |
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261 | (52) |
Select Bibliography |
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313 | (10) |
Index |
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323 | |