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The Cambridge Legal History of Australia


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Table of Contents

1. Editor's introduction Peter Cane, Lisa Ford and Mark Macmillan; Part I. Cultures of Law: 2. Plural Legal orders: concept and practice Shaunnagh Dorsett; 3. English legal culture in the late 18th century: institutions and values David Lieberman; 4. Lawful Mary Spiers Williams; Part II. Public Authority: 5. Colonial settlement to colony Bruce Kercher; 6. Colonial self government Ann Curthoys and Jessie Mitchell; 7. Federation Brendan Lim; 8. Constitutionalism in Australia Cheryl Saunders; 9. Indigenous governance; 9.1 Mparntwe/Alice Springs: Towards a history of indigenous and settler jurisdictions Tim Rowse and Jennifer Green; 9.2 Gunditjmara and Ngarrindjeri: Case studies of indigenous self-government Daryle Rigney, Denis Rose, Alison Vivian, Miriam Jorgensen, Steve Hemming and Shaun Berg; Part III. Public Authorities in Encounter: 10. The challenge of indigenous polities Kirsty Gover and Eddie Cubillo; 11. Australia as empire Miranda Johnson and Cait Storr; 12. Australia and the World Coel Kirkby; Part IV. Land and Environment: 13. Settlement and dispossession Lisa Ford and David Andrew Roberts; 14. Australian land law Maureen Tehan; 15. Aboriginal land rights, subjection and the law Amanda Kearney; 16. Land justice Jason Behrendt and Sean Brennan; 17. Environment Ruth A Morgan and Judith Jones; Part V. Social Organisation: 18. Colonial law and its control of aboriginal and Torres Strait islander families Terri Libesman, Katherine Ellinghaus and Paul Gray; 19. The legal history of non-indigenous marriage Alecia Simmonds; 20. Protection regimes Amanda Nettelbeck; 21. Economic and social welfare Anne O'Brien; 22. Civil rights and indigenous people Gary Foley and Crystal McKinnon; 23. Rights Frank Bongiorno; 24. Citizenship and immigration Rayner Thwaites; Part VI. Social Ordering: 25. Criminal law and the administration of justice in early New South Wales and van diemen's land David Andrew Roberts; 26. Criminal justice after the convicts: A history of the long twentieth century Andy Kaladelfos and Alana Piper; 27. Indigenous peoples and settler criminal law Mark Finnane; 28. Civil wrongs Mark Lunney; 29. Labour law Diane Kirkby; 30. Place and race in australian copyright law: May gibbs' and albert namatjira's copyright Kathy Bowrey; Part VII: Reckonings: 31. Indigenous legal traditions and australian legal education Nicole Watson; 32. Reckoning with the past Shino Konishi.

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This volume from leading lawyers, historians and social scientists explores encounters of laws, people, and place in Australia since 1788.

About the Author

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 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. 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.


'This superb volume showcases the sparkling insights and deep research that have placed Australian legal history at the forefront of global scholarship on interactions of Indigenous, imperial, and settler law. A stunning achievement.' Lauren Benton, Yale University

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