Commentaries on Colonialism: Australian Judicial Interpretation

Anthony, T

Commentaries on Colonialism: Australian Judicial Interpretation

Anthony, T

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Publisher:: Hart Publishing
Publication Type:: Chapter
Citation:: Blackstone and his Commentaries Biography, Law, History, 2009, 1, pp. 129 - 150
Issue Date:: 2009-01

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Field	Value	Language
dc.contributor.author	Anthony, T https://orcid.org/0000-0002-0652-0731	en_US
dc.contributor.editor	Wilfred Prest	en_US
dc.date.issued	2009-01	en_US
dc.identifier.citation	Blackstone and his Commentaries Biography, Law, History, 2009, 1, pp. 129 - 150	en_US
dc.identifier.isbn	9781841137964	en_US
dc.identifier.uri	http://hdl.handle.net/10453/12978
dc.description.abstract	The focus of this chapter is how Australian courts construed Blackstone's doctrines on the processes of and justification for Australian colonisation. It argues that Australian courts took Blackstone's writings on colonialism out of their original context in order to meet the imperatives of British sovereignty. After analysing the use of Blackstone in judgments by the New South Wales Supreme Court from the 1820s to the 1840s, this chapter will then consider how Blackstone's feudal proposition justifying British land colonisation materialised in New South Wales and northern Australia, and was eventually dealt with in native title case law.	en_US
dc.publisher	Hart Publishing	en_US
dc.relation.ispartof	Blackstone and his Commentaries Biography, Law, History	en_US
dc.title	Commentaries on Colonialism: Australian Judicial Interpretation	en_US
dc.type	Chapter
utslib.location	Oxford, UK	en_US
utslib.for	1801 Law	en_US
utslib.citation.edition	1	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
pubs.organisational-group	/University of Technology Sydney/Strength - SIC - Strengthening Indigenous Communities
utslib.copyright.status	closed_access
pubs.consider-herdc	false	en_US
pubs.edition	1	en_US
pubs.place-of-publication	Oxford, UK	en_US

Abstract:

The focus of this chapter is how Australian courts construed Blackstone's doctrines on the processes of and justification for Australian colonisation. It argues that Australian courts took Blackstone's writings on colonialism out of their original context in order to meet the imperatives of British sovereignty. After analysing the use of Blackstone in judgments by the New South Wales Supreme Court from the 1820s to the 1840s, this chapter will then consider how Blackstone's feudal proposition justifying British land colonisation materialised in New South Wales and northern Australia, and was eventually dealt with in native title case law.

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http://hdl.handle.net/10453/12978