Debt, Seduction, and Other Disasters


Book Description

Based on a detailed study of Australia's earliest civil court records - a million handwritten words about daily life and trade - Debt, Seduction and Other Disasters covers the turbulent years in the penal colony. This was a period when starvation was barely averted, emancipated convicts contended with one another to become wealthy through trade, and Aborigines fought for their land. Soldiers and governors struggled for power, culminating in the overthrow of Governor Bligh, the only military coup on Australian soil. In this important and entertaining book, Kercher: shows the remarkable egalitarianism of life in the colony, even for serving convicts and married women discusses the invention and legal consequences of tickets of leave and the central role of law in creating the local version of freedom reveals details of daily social and economic life unavailable elsewhere: the seduction cases and sexual scandals; details of the wheat farm at Woolloomooloo; the problems of the grain growers at the Hawkesbury provides unique information about working conditions of: convicts the seal killers in New Zealand and Macquarie Island sailors the very few Aborigines who worked alongside Europeans details:the first case in Australia in which an Aborigine sued (he lost) the first recorded sale of a wife (at Windsor in 1811; sale void) the case in which Mary Reibey was alleged to have blown up the bakery next door (she won) the sharp practices of Tommy the Banker, Dick the Needle and the petty bankers who deliberately wrote their documents in fading ink describes the lives of the convict women who lived with officers but were abandoned explodes the myth that rum was a major currency and explains the use of alternative currencies, such as wheat, and establishes the crucial role of pigs in town life.




In Mixed Company


Book Description

A fascinating exploration of the tavern as a significant and fluid social space in colonial Canada.




Dewigged, Bothered, and Bewildered


Book Description

Throughout the British colonies in the nineteenth century, judges were expected not only to administer law and justice, but also to play a significant role within the governance of their jurisdictions. British authorities were consequently concerned about judges' loyalty to the Crown, and on occasion removed or suspended those who were found politically subversive or personally difficult. Even reasonable and well balanced judges were sometimes threatened with removal. Using the career histories of judges who challenged the system, Dewigged, Bothered, and Bewildered illuminates issues of judicial tenure, accountability, and independence throughout the British Empire. John McLaren closely examines cases of judges across a wide geographic spectrum — from Australia to the Caribbean, and from Canada to Sierra Leone — who faced disciplinary action. These riveting stories provide helpful insights into the tenuous position of the colonial judiciary and the precarious state of politics in a variety of British colonies.




Between Law and Custom


Book Description

Drawing on extensive archival and library sources, Karsten explores these collisions and arrives at a number of conclusions that will surprise.




Despotic Dominion


Book Description

"This book brings together a variety of perspectives to provide a comprehensive analysis of the important issue of property rights, which continues to animate the body politic of Australia and Canada in particular. As such, it will be of interest to students and scholars of colonial history, property theory, indigenous studies, and law, as well as to judges, lawyers, and the inquisitive general reader."--BOOK JACKET.




The Grand Experiment


Book Description

The essays in this volume reflect the exciting new directions in which legal history in the settler colonies of the British Empire has developed. The contributors show how local life and culture in selected settlements influenced, and was influenced by, the ideology of the rule of law that accompanied the British colonial project. Exploring themes of legal translation, local understandings, judicial biography, and "law at the boundaries," they examine the legal cultures of dominions in Canada, Australia, and New Zealand to provide a contextual and comparative account of the "incomplete implementation of the British constitution" in these colonies.







Law and Colonial Cultures


Book Description

Argues that institutions and culture serve as important elements of international legal order.







Consumer Debt Recovery Law


Book Description

This book examines the law and practice of debt recovery from consumers in Australia. It is the second edition of Australian Debt Recovery Law which was published in 1990. The new edition is updated to meet changes to the law in the past decade, but more than that it now has three authors from three quite different backgrounds. The academic author of the first edition, Bruce Kercher has been joined by one of Australia's leading financial counsellors, Betty Weule and by the principal solicitor of the Wesley Legal Centre (which concentrates on consumer credit issues), Richard Brading. It is stronger in its focus on the actual practice of debt recovery law, while retaining its statement of the law and its historical analysis and arguments for legal change. An early chapter considers debt recovery outside the courts, including an analysis of the law governing the constant problem of harassment. It then moves through the various stages of obtaining judgments, presenting defences and enforcement of judgments. The book concludes with a new chapter on bankruptcy law. The principal aim is to present the law concisely, accurately and with as little legal jargon as possible, while also showing how the law is used as a tool of bargaining and threats.