The Precedent is India: Crime, Legal Order and Governor Hobson’s 1840 Proposal for the Modification of Criminal Law as applied to Māori

Publication Type:
Journal Article
Citation:
law&history, 2014, 1 (1), pp. 29 - 55
Issue Date:
2014-12-16
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This article considers the 1840 draft Act by Captain (later Governor)Hobson for the modification of criminal law as applied to Māori. Never enacted, Hobson’s plan was the first in a series of Acts which used exceptional criminal laws as a mechanism for imposing legal order. More broadly, an examination of Hobson’s draft Act also contributes to a growing literature which considers the key transitional period of the second and third decades of the nineteenth century, a period which witnessed the movement from a more pluralised empire to one in which a more recognisably ‘modern’ form of territorial sovereignty was emerging.
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