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19 September 2022

BOOK: Peter CANE, Lisa FORD & Marc MCMILLAN (eds.), The Cambridge Legal History of Australia (Cambridge: CUP, 2022), 814 p. ISBN 9781108633949, 120 GBP

 

(image source: CUP)

Abstract:

Featuring contributions from leading lawyers, historians and social scientists, this path-breaking volume explores encounters of laws, people, and places in Australia since 1788. Its chapters address three major themes: the development of Australian settler law in the shadow of the British Empire; the interaction between settler law and First Nations people; and the possibility of meaningful encounter between First laws and settler legal regimes in Australia. Several chapters explore the limited space provided by Australian settler law for respectful encounters, particularly in light of the High Court's particular concerns about the fragility of Australian sovereignty. Tracing the development of a uniquely Australian law and the various contexts that shaped it, this volume is concerned with the complexity, plurality, and ambiguity of Australia's legal history.

On the editors:

Peter Cane, University of Cambridge Peter Cane has written widely in areas of public law, private law and legal theory. He is co-editor (with H. Kumarasingham) of The Cambridge Constitutional History of the United Kingdom and author of Controlling Administrative Power: An Historical Comparison (2016). He is a Corresponding Fellow of the British Academy and a Fellow of the Academy of the Social Sciences in Australia. Lisa Ford, University of New South Wales, Sydney Lisa Ford is Professor of History at UNSW, Sydney. A prize-winning legal historian whose work explores jurisdictional politics in the United States and the British Empire to 1850, she is author of The King's Peace (2021) and Settler Sovereignty (2010), and co-author (with L. Benton) of Rage for Order (2016). She is a Fellow of the Academy of Humanities in Australia. Mark McMillan, RMIT University, Melbourne Dr Mark McMillan is a Wiradjuri man from Trangie in New South Wales who was NAIDOC scholar of the year in 2013. Dr McMillan has published widely on the achievement of human rights for Australian Indigenous people, recovering Indigenous self-governance and promoting settler recognition for Indigenous law in Australia.

Contributors:

Peter Cane, Lisa Ford, Mark Macmillan, Shaunnagh Dorsett, David Lieberman, Spiers Williams, Bruce Kercher, Ann Curthoys, Jessie Mitchell, Lim, Cheryl Saunders, Tim Rowse, Jennifer Green, Daryle Rigney, Denis Rose, Alison Vivian, Miriam Jorgensen, Steve Hemming, Shaun Berg, Kirsty Gover ,Eddie Cubillo, Miranda Johnson and Cait Storr, Coel Kirkby, Lisa Ford, David Andrew Roberts, Maureen Tehan, Amanda Kearney, Jason Behrendt, Sean Brennan, Ruth A Morgan, Judith Jones, Terri Libesman, Katherine Ellinghaus, Paul Gray, Alecia Simmonds, Amanda Nettelbeck, Anne O'Brien, Gary Foley and Crystal McKinnon, Bongiorno, Rayner Thwaites, David Andrew Roberts, Andy Kaladelfos, Alana Piper, Mark Finnane, Mark Lunney, Diane Kirkby, Kathy Bowrey, Nicole Watson, Shino Konishi 

More information with CUP



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