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

Dorsett, SG

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

Dorsett, SG

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Publication Type:: Journal Article
Citation:: law&history, 2014, 1 (1), pp. 29 - 55
Issue Date:: 2014-12-16

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Field	Value	Language
dc.contributor.author	Dorsett, SG https://orcid.org/0000-0002-3541-5164	en_US
dc.date.issued	2014-12-16	en_US
dc.identifier.citation	law&history, 2014, 1 (1), pp. 29 - 55	en_US
dc.identifier.issn	1177-3170	en_US
dc.identifier.uri	http://hdl.handle.net/10453/34570
dc.description.abstract	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.	en_US
dc.relation.ispartof	law&history	en_US
dc.title	The Precedent is India: Crime, Legal Order and Governor Hobson’s 1840 Proposal for the Modification of Criminal Law as applied to Māori	en_US
dc.type	Journal Article
utslib.citation.volume	1	en_US
utslib.location.activity	Australia	en_US
utslib.for	1801 Law	en_US
utslib.for	2103 Historical Studies	en_US
dc.location.activity	Australia
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	open_access
pubs.consider-herdc	true	en_US
pubs.issue	1	en_US
pubs.volume	1	en_US

Abstract:

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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http://hdl.handle.net/10453/34570