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

by
Format: Paperback
Pub. Date: 2002-04-30
Publisher(s): Cambridge University Press
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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 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.

Table of Contents

List of illustrations
viii
Abbreviations ix
Preface xi
Great Changes
1(26)
Free Society, Penal Colony, Slave Society, Prison?
27(34)
The Rule of Law
61(24)
The Courts
85(30)
The Magistracy
115(26)
Policing a Penal Colony
141(26)
The Campaign for Trial by Jury
167(22)
Conclusion
189(9)
Appendices 198(4)
Notes 202(47)
Bibliography 249(15)
Index 264

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