The Rule of Law in a Penal Colony: Law and Politics in Early New South Wales (Studies in Australian History) [Hardcover]

David Neal (Author)

Book Description

Publication Date: January 31, 1992 | ISBN-10: 052137264X | ISBN-13: 978-0521372640

This book, written by a lawyer and unique for its perspective based in both legal and social history, illuminates the important role played by the concept of the rule of law in the transformation of New South Wales from a penal colony to a free society. The convicts had first-hand experience of criminal law, but all the settlers were part of a culture that emphasized the rule of law as the guarantee of its fundamental political value, British liberty. Dr. Neal outlines the interaction between law and politics in early New South Wales, where because there were no official political structures, the courts served as a de facto parliament and a means of political expression.

Editorial Reviews

Review

"The early history (1788 to 1842) of New South Wales was dominated by its designation as a place for 'transported felons'--forgers, embezzlers, burglars, revolutionaries, and prostitutes--who mercifully escaped the hangman's noose in England. Here is an extremely interesting account of its growth from the legal perspective and of the development of a system of magistracy, courts, and police....An excellent study, well written, well documented...." Choice

"This book is an important contribution to our understanding of the role of law in Australian history." Bruce Kercher, Law and History Review

Book Description

This book, written by a lawyer and unique for its perspective based in both legal and social history, illuminates the important role played by the concept of the rule of law in the transformation of New South Wales from a penal colony to a free society.

Product Details

• Hardcover: 284 pages
• Publisher: Cambridge University Press (January 31, 1992)
• Language: English
• ISBN-10: 052137264X
• ISBN-13: 978-0521372640
• Product Dimensions: 8.5 x 5.7 x 1.3 inches
• Shipping Weight: 1.2 pounds (View shipping rates and policies)
• Average Customer Review: 4.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #6,759,519 in Books (See Top 100 in Books)

Customer Reviews

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4.0 out of 5 stars the starting of a normal society, September 20, 2008

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This review is from: The Rule of Law in a Penal Colony: Law and Politics in Early New South Wales (Studies in Australian History) (Paperback)

New South Wales colony was the original British colony in Australia, and several books have already been written about its beginnings. But this text offers a fresh and different perspective. The author explains how Sydney started as a colony where often the permanent residents were convicts who had served their sentences but were forbidden to return to Mother Britain. Under such circumstances, the prospects for a normal society seemed dim indeed.

Yet in those early decades, through the local courts and local case law, the backbone of such a society emerged. Probably helped by the fact that most of the convicts were not homicidal maniacs. Those would have been already hung in Britain, instead of being transported to Sydney. Most convicts had committed fairly minor infractions, that were severely punished by British law, which was mostly to protect the upper classes.