Description
Book SynopsisExplores issues including the judicial construction of racial categories, the gendered definitions of nation-states, the historical construction of citizenship, sovereignty and land rights, the limits to legality and the charting of empire, constructions of madness among colonised people, reforming property rights of married women.
Table of ContentsContributors
Introduction
Part One: Colonialism’s legality
1. Terminal legality: Imperialism and the (de) composition of law - Peter Fitzpatrick
2. Colonization and the legal cartography of authority: English intrusions on the American mainland in the seventeenth century - Christopher Tomlins
3. Reflections on the rule of law: the Georgian colonies of New south Wales and Upper Canada 1788-1837 - John McLaren
Part TwoI: Imperialism and citizenship
4. Race definition run amuck: ‘Slaying the dragon of Eskimo status’ before the supreme court of Canada, 1939 - Constance Backhouse
5. The paradox of ‘Ultra Democratic’ governments: Indigenous peoples’ civil rights in nineteenth-century New Zealand, Canada and Australia - Patricia Grimshaw, Robert Reynolds and Shurlee Swain
6. ‘When There’s No Safety in Numbers’: Fear and the franchise in the Union of South Africa, the case of Natal - Julie Evans and David Philips
7. Making ‘Mad’ populations in settler colonies: the work of law and medicine in the creation of the colonial asylum - Catharine Coleborne
Part ThreeI: Justice, custom and the common law
8. Towards a “taxonomy” for the common law: Legal history and the recognition of Aboriginal customary law - Mark Walters
9. The problem of Aboriginal evidence in early colonial NSW - Nancy Wright
10. Assuming judicial control: George Brown’s narrative defence of the ‘New Britain Raid’ - Helen Gardner
PartFour: Land, sovereignty and imperial frontiers
11. The early fate of Maori land rights in Aotearoa/New Zealand - Ann Parsonson
12. ‘Because it does not make any sense’: Sovereignty’s power in the case of Delgamuukw v. The Queen, 1997 - John Borrows
13. Land, conveyancing reform and the problem of the married woman in colonial Australia - Hilary Golder & Diane Kirkby
14. The construction of property rights on imperial frontiers: The case of the New Zealand ‘Native Land Purchase Ordinance’ of 1846 - John Weaver
Part Five: Colonialism's legacy
15. International law – Recolonising the Third World?: Law and conflicts over water in the Krishna Basin - Radha D’Souza
16. Historians and native title: The question of evidence - Christine Choo
17. Race, gender, and history in three societies: Canada, New Zealand and Australia - Constance Backhouse, Ann Curthoys, and Ann Parsonson
Index
