A History of Criminal Law in New South Wales: The Colonial Period, 1788-1900 (Institute of Criminology Monograph) [Hardcover]

G. D. Woods (Author)

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Book Description

Publication Date: November 2002 | Series: Institute of Criminology Monograph

New South Wales is that rare political creation, a state founded for and upon the criminal law. The history of its criminal law from settlement to Federation is uniquely fascinating. Drawing on his range of experience as a university scholar, a criminal law QC and a judge, the author explains how Britain's criminal laws were established and developed in its (arguably) most successful colony. There are three themes: the horror and savagery of the criminal law transported to Australia and imposed there the constitutional importance of basic criminal law rules requiring certainty of proof the corrupt but necessary role of mercy in the administration of the lawThere are several genuinely remarkable features of this book. One is that the author draws upon a vast body of material recently brought to light by Bruce Kercher in his massive disinterment of early colonial case law, to explain in detail the actual working of the New South Wales criminal courts. Another is that the core of the book is an analysis of New South Wales parliamentary debates between 1871 and 1883 on criminal law, illuminating the history of the law (and its future). Yet the most remarkable thing of all about this book is its rarity. In the many places where the British Empire imposed its laws, there are hundreds of universities and centres of legal study. Histories of the criminal law, or studies which can be so described,are rare or invisible. This admirable study will become a classic in its field, required reading by legal scholars, historians of colony and empire, and by astute legal practitioners making arguments for contemporary submissions or judgments.

#outer_postBodyPS { display: none; } #psGradient { display: none; } #psPlaceHolder { display: none; } #psExpand { display: none; } New South Wales is that rare political creation, a state founded for and upon the criminal law. The history of its criminal law from settlement to Federation is uniquely fascinating. Drawing on his range of experience as a university scholar, a criminal law QC and a judge, the author explains how Britain's criminal laws were established and developed in its (arguably) most successful colony. There are three themes: the horror and savagery of the criminal law transported to Australia and imposed there the constitutional importance of basic criminal law rules requiring certainty of proof the corrupt but necessary role of mercy in the administration of the lawThere are several genuinely remarkable features of this book. One is that the author draws upon a vast body of material recently brought to light by Bruce Kercher in his massive disinterment of early colonial case law, to explain in detail the actual working of the New South Wales criminal courts. Another is that the core of the book is an analysis of New South Wales parliamentary debates between 1871 and 1883 on criminal law, illuminating the history of the law (and its future). Yet the most remarkable thing of all about this book is its rarity. In the many places where the British Empire imposed its laws, there are hundreds of universities and centres of legal study. Histories of the criminal law, or studies which can be so described,are rare or invisible. This admirable study will become a classic in its field, required reading by legal scholars, historians of colony and empire, and by astute legal practitioners making arguments for contemporary submissions or judgments.

Editorial Reviews

Review

Woods uses notable cases and characters to illustrate the influences that shaped the laws and the system that imposed them. ... The brutality of the convict era with mass executions in front of the Old Sydney Gaol in George St is a chilling reminder of the not-so-distant past. So too is the discussion of 'baby farming', the horrendous practice of "concealed infanticide where desperate parents allowed ... 'child carers' to dispose of unwanted children. ... The book does much to explain the challenges faced by lawmakers and law enforcers. Woods' extensive use of footnotes and extracts from newspapers of the day provides an accessible text to those afraid of 'legalese'. - Newcastle Herald, 19 April 2003

Product Details

Hardcover: 480 pages
Publisher: Federation Press (November 2002)
Language: English
ISBN-10: 1862874395
ISBN-13: 978-1862874398
Product Dimensions: 9.6 x 6.2 x 1.3 inches
Shipping Weight: 2.4 pounds
Amazon Best Sellers Rank: #10,727,799 in Books (See Top 100 in Books)

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