Francis Forbes Society – Ninth Annual Plunkett Lecture

A reminder that the Ninth Annual Plunkett Lecture will be delivered by Dr John McLaughlin AM on Tuesday 24 November 2020 at 5:15pm. The JH Plunkett Lecture honours the memory of one of this State’s pivotal Attorneys General. John Hubert Plunkett (1802-1869) arrived in NSW, from Ireland, in 1832. For more than 30 years thereafter he made a major contribution to colonial law and society, serving, inter alia, as Solicitor General and Attorney General. In 1835 he published The Australian Magistrate, the first Australian legal practice book. He was the first Australian lawyer to be granted a commission as Queen’s Counsel. He led Roger Therry, another Irish-born barrister, in the conduct of the Myall Creek Murder trials.

The 2020 Plunkett Lecture will focus on John Plunkett himself. The lecture will be chaired by the NSW Attorney General, The Hon Mark Speakman SC MP, himself a former Plunkett Lecturer.

The lecture will be held in the Banco Court, and streamed using the Court’s remote facilities (bearing in mind Covid-19 restrictions on public gatherings). Registration is required (admission is free).

Members of the Francis Forbes Society can register here via TryBooking – https://www.trybooking.com/BMVMT. Details on becoming a member of the Society are available on the Society’s web site:  http://www.forbessociety.org.au.

We will send the link and programme for the lecture to registered attendees on Tuesday morning.

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Conference registration open

Registration for the 39th annual conference of the Australian and New Zealand Law and History Society is now open and can be completed here

If you have not already seen it, the programme for the event can be downloaded below –

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Draft version of conference programme now available

A draft version of the programme for the 39th Annual Conference of the Australian and New Zealand Law and History Society is now available to view below.

All times NZDTStream 1Stream 2Stream 3Stream 4
8:00 – 10:00Panel 1 – 8am Colonialism and the Legal Profession: Canada, Pakistan, and Hong Kong Philip Girard, Sida Liu and Summaiya Zaidi   Panel 2 – 9am Scottish Criminal Law in New Zealand and Australia: Social and Cultural Perspectives Valerie Wallace, Tommy Boyd and Libby Bowyer  Making Lists and Checking Them Twice: Policing, Law, and Governance in 19th century Colonial India and the British Empire Nellum Sohail   A Failed Transplant: Jurors and the Jury Trial in India, 1861 – 1975 James Jaffe   Responding to Crises on the Edges of Empire: Comparisons, Connections, and the Workings of Imperial Governance Alex Martinborough   Does a General Theory of Colonial Law Make Sense? Airton Seelander  Scots Law of Master-Servant: What Can We Learn From Domestic Servants? Alice Krzanich   Legal Constructions of an Empire: The Emperor and the Territorial Lords of the Holy Roman Empire in 17th and 18th centuries Middle European Jurisprudence Andreas Thier   Normative Orders, Local Law and Imperial Dynamics in Portugese America 17th and 18th centuries Gustavo Cabral   Two Doctors of Civil Law and the American Colonial History Lukasz Korporowicz   British Imperialism and Cultural Heritage at the end of XIX Century Pierangelo BlandinoThe Good Migrant: naturalisation, race and gender in South Africa and Australia in the early 20th century Rachel Bright   The role of Legislation in Racial Identities within the English Atlantic 1640s – 1700s Justine Collins   How the implementation of the British legal system provided by the 1763 Royal Proclamation varied between the four new governments? Antoni Lahondes   Imperial Federation Eric Wilkinson
10:00 – 11:00Keynote: Joshua Getzler
11:00 – 11:30BREAK
11:30 – 1:30Panel 1 – 11:30am Roundtable discussion of Empire and the Making of Native Title: Sovereignty, Property and Indigenous People Bain Attwood, Miranda Johnson, Ned Fletcher and David Williams     Panel 2 – 12:30pm Roundtable on Māori oral culture and Aotearoa New Zealand legal institutions Anna Milne-Tavendale, Laura Kamau and Madi Williams  The Pepeha as Truth Telling Seonaid Abernethy and Hone Sadler   Looking Forward Looking Back: Customary International Law, Human Rights and Indigenous Peoples Shea Esterling   “Where is the Aboriginal Act?” Archibald Meston and the emergence of Aboriginal policy in Queensland Paul Memmott and Jonathan Richards   The Sun Never Set on Imperialist Ideology and the Representation of ‘Others’: Troubling Trade Marks throughout the British Empire Fady Aoun“What the Boers did Australia can do, and do ten times better”: The Impact of the Boers on Australian Defence Policy Alexander Lee   “No Quarter?: The problematic enforcement of international law in the frontline, 1915 – 1918 Dale Blair   After the Holocaust: Justice and Judgments in Post-War Germany Kerstin Braun   Beyond the National Frame: Revisiting the Origins of Australian Citizenship Anne Macduff   Allegiance, Protection and the Long History of Belonging – An Historical Solution for Australian Citizens in Al-Hawl Felicity Gerry, Sue Milne, Cate Read and Eamonn Kelly“Because I Said So?: Revisiting the “Letters” in Early Modern Letters Patent Chris Dent   Analysing British Imposed Property Systems in the Indian Subcontinent: Understanding Transitions in Property Regimes Umar Rashid   Mining in the Colonies: Digging into the British Legacy Noeleen McNamara   The Courts and Ellis Bent in New South Wales 1810 – 1815 Paula Byrne   Colonisation through Proclamation: Revisiting a shared history of the British Empire through art and material culture Laura McLean and Pritam Dey  
1:30 – 2:00BREAK
2:00 – 3:00Keynote: Miranda Johnson
3:00 – 3:30BREAK   
3:30 – 5:30Panel 1 – 3:30pm Models of Legal Transfers in the British Empire David Schorr, Ron Harris and Assaf Likhovski     Panel 2 – 4:30pm Law and History in Legal Education and Pedagogy Sarah Wilson, other participants TBCMartial Law and War in the New England Cameron Moore   The Age of Emergency Christopher Roberts   Legality of 1857 Mutiny Laws of British India Aman Kumar   One Imperial Gaol, Many Colonial Prisoners: convict transportation to Australia from the colonies Patricia DownesLegal Encounter between Colony and the Metropole: Women’s Question in Nineteenth Century India Subhasri Ghosh   “A dissolute woman”: Murder, gender and co-accused status in the case of Margaret Cody Caroline Ingram   Dower’s uneven demise across the dowager’s empire: the second great dispossession in settler colonies Bettina Bradbury   The Unification of Australian Divorce Law under the Matrimonial Causes Act 1959 Henry KhaRobert FitzRoy and the Collapse of the New Zealand Tax System, 1843 – 1845 Michael Littlewood   “To Your Marrowbones All”: Loan Transactions and the Law in Nineteenth Century Australia Karen Fairweather and Warren Swain   The relied-upon oral agreement: rationalizing an entrenched judicial exception to the Statute of Frauds Sonali Walpola   One Empire, three colonies, common histories but distinct journeys – A comparative study of the evolution of corporate rescue of the US, Australia and India Preeti Nalavadi
5:30 – 6:00BREAK
6:00 – 7:00Keynote: Dame Sian Elias
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39th Annual Conference of the Australian and New Zealand Law and History Society

Join us for an intensive 1 day world-wide gathering devoted to law in history

9 December 2020

Hosted by Event Services at the University of Auckland, Aotearoa New Zealand

Keynote plenary sessions will feature

Joshua Getzler, Oxford University, on “ Six Nations of the Grand River, military feudalism, and the roots of ‘honour of the Crown’.”

Miranda Johnson, Otago University, on “Reckoning with a Pacific empire state: Race, nation, citizenship and the idea of New Zealand.”

A Closing Address by Dame Sian Elias, former Chief Justice of New Zealand

The organisers have accepted 39 individual papers and 7 panel presentations. They will be run in four concurrent parallel sessions throughout the day. The programme will be uploaded to the ANZLHS website page shortly: https://anzlhs.org/conferences-2/

The timings will be specified according to the NZDT time zone – which is UTC+13. We have attempted to time presentations so that are as reasonable as possible for the presenters (but will be difficult for some). The conference will begin at 9.00am and conclude at 7.00pm NZDT

To cover Event Services charges, and to ensure a high quality of digital platform delivery utilising Zoom, Vimeo and Twilio, we are asking all attendees to pay a modest registration fee. In addition, the rules of the ANZLHS require all presenters to pay the Society’s 2020 annual subscription. So ‘full member registration’ applies to presenters who have paid the 2020 Society subscription in advance; ‘full non-member registration’ applies to presenters (some of whom will have been members in the past) who have not yet paid the 2020 Society subscription. We are waiving registration fees for postgraduate student presenters. The portal for registrations will be launched shortly through the website page. The cost for registration is as follows in $NZ:

Full member registration: $130; Full non-member registration: $ 215; Full-time post graduate presenters: Fee waiver; Attendance only registration: $130

Graduate students are invited to apply for Kercher Scholarships. Five scholarship awards will be made that may adorn your cv even though there is no monetary element to the scholarship this year. Please apply to Katherine Sanders: k.sanders@auckland.ac.nz by 20 November if you have not already applied. Graduate attendees may also wish to enter their paper for the Forbes Society Prize. The Society’s peer-reviewed journal law&history will consider submissions from those who present papers at the conference. In the meantime further information about the conference may be gleaned from David Williams: dv.williams@auckland.ac.nz

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THE FRANCIS FORBES SOCIETY FOR AUSTRALIAN LEGAL HISTORY

The Competition is open to all Students enrolled, at any time during 2020, in an Australian Secondary School or in an undergraduate or graduate Tertiary Course, including a postgraduate practical skills course leading to admission to practice as a lawyer. 

There are three categories of award: one for Tertiary Students, another for Senior School Students, and a third for Junior School Students.

Tertiary Student Category

Suggested essay length: 2000-4000 words approximately.

Essayist’s Prize: $1,000.00 and a book from Federation Press

Senior Secondary School Category (Years 11-12 in NSW, and Interstate Equivalents).  

Suggested essay length: 750-2000 words approximately.

Essayist’s Prize: $250 and a book from Federation Press – School Prize: $250

Junior Secondary School Category (NSW Years 7-10 and Interstate Equivalents).

Suggested essay length: 500-1,000 words approximately.

Essayist’s Prize: $250 and a book from Federation Press – School Prize: $250

Each Essayist will receive a Certificate of Acknowledgement acknowledging participation in the Competition. At the discretion of the Society, Merit Certificates may be issued to selected essayists.

The deadline for essay submission is 5.00 pm on Friday, 18 December 2020. Essays should be submitted by email to secretary@forbessociety.org.au

Further information about the competition conditions can be found in the file below.

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Legal Histories of Empire Symposium: Rohit De and Catherine Evans

Please join us for the first of several planned symposia in 2020 and 2021 for Legal Histories of Empire and for the celebration of a special birthday of the founder of the Legal Histories of Empire Conferences.

Our speakers:

Rohit De: “Brown Lawyers, Black Robes: Decolonization, Diasporic Lawyers and Minority Rights”

Rohit De is Associate Professor of History at Yale University and is the author of A People’s Constitution: The Everyday Life of Law in the Indian Republic (2018). As a Carnegie Fellow, he is currently working on a book on a history of rebellious lawyering and decolonization

Catherine Evans: “Civilization as Sanity in the Victorian Empire” 

Catherine L. Evans is Assistant Professor at the Centre for Criminology and Sociolegal Studies at the University of Toronto. Her first book, Unsound Empire: Civilization and Madness in Late-Victorian Law, comes out next fall (Yale University Press, 2021).

Timezones: 

New Haven/Toronto @ 4 pm on 30 October

Vancouver @ 1pm on 30 October

Sydney @ 7 am on 31 October

Auckland @ 9 am on 31October

London/Dublin @ 8 pm on 30 October

Singapore @ 4 am on 31 October

Registration: Free via Eventbrite. https://www.eventbrite.com.au/e/legal-histories-of-empire-symposium-tickets-125282891501

Registration is required.  You will be emailed a Zoom link 36 hours before the event. 

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Tel Aviv University Law and History Workshop Fall 2020

Members might be interested in this following workshop series.

Thursdays, 14:15 – 15:45

Organized by: Rachel Friedman, Ron Harris & Assaf Likhovski

Nov. 5, 2020, Jedidiah Kroncke, University of Hong Kong Faculty of Law, The Harvard Model as Domestic and International Export: A Translocal Movement of Elite Legal Integration

Nov. 12, 2020, Yair Lorberbaum, Bar Ilan University Faculty of Law, The Rise of Halakhic Religiosity of Mystery and Transcendence [paper and discussion in Hebrew]

Nov. 19, 2020, Aviram Shahal, Michigan Law School, From Konstitutzya to Huka: The Adoption of a Hebrew Term for a Constitution [discussion in Hebrew]

Nov. 26, 2020, Vanessa Ogle, University of California, Berkeley, Department of History, “Funk Money:” The End of Empires, the Expansion of Tax Havens, and Decolonization as an Economic and Financial Event

Dec. 3, 2020, Rowan Dorin, Stanford University, Department of History, The Bishop as Lawmaker in Late Medieval Europe

Dec. 10, 2020, Geraldine Gudefin, American University Department of History & Tel Aviv University, Berg Institute, “An Innocent Candor that Left No Doubt as to her Sincerity”: East European Jewish Women and Jewish Law in Early 20th-Century American Courts”

Dec. 17, 2020, Emily Kadens, Northwestern Law School, “The Dark Side of Commerce: Trust, Reputation, and Cheating in Early Modern England.”

Dec. 24, 2020, Idit Ben Or, Tel Aviv University Safra Center, Non-Governmental Currencies in Early Modern England: A Legal Analysis [discussion in Hebrew]

Dec. 31, 2020, Julie Cooper, Tel Aviv University, Department of Political Science, The Zionist Critique of Spinoza’s Politics [discussion in Hebrew]

Jan. 7, 2020, Adam Lebovitz, Cambridge University Faculty of History, Freedom of the Press between the American and French Revolutions

*** All sessions of the workshop will take place on Zoom.  We have a limited number of slots available in each session for visitors.  Anyone who is interested in participating in a particular session must register in advance by sending an email torachelf3 “at” tauex.tau.ac “dot” il. ***

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Reminder to nominate for the 2020 Annual Prize in Legal History

Nominations for this year’s prize in Legal History are open and will close on 18 September 2020. Ideally nominations should be emailed to the president and include an electronic copy of the work. Please note the conditions of the award below. The president’s email address is:

p.vines@unsw.edu.au

The purpose of the Prize is to acknowledge and advance work in the field of legal history in relation to Australasia.

Conditions of the Award:

The Award

  1. The Executive of the ANZLHS will award the prize to the author or authors whose published book, chapter, essay, or article has, in the judgment of the ANZLHS Executive, made the most significant contribution to the field of legal history in relation to Australasia since the award of the last prize.

Eligibility

  1. In order to be eligible authors must be a current member of the ANZLHS.
  2. Eligible authors includes those who write in the field of legal history in Australasia (broadly defined). In any cases of uncertainty as to eligibility, the decision of the Executive of the ANZLHS as to whether a work qualifies for the award is final.
  3. In order to be eligible, the award must bear a publication date of the calendar year immediately prior to the year in which the award is to be made. For example, if the award is made in 2020, the publication must bear the date 2019.

 Administration and Adjudication

  1. Nominations can be made by anyone. Nominations must be in writing. Nominations must be sent to both the current President and the current Secretary of the ANZLHS. Their email addresses can be found on the Society’s webpage.
  2. The award will be judged by the current Executive of the ANZLHS. For these purposes the Executive comprises the President, Vice-President, Australian Treasurer, New Zealand Treasurer, Immediate Past President, Secretary and the Editor of Law&History.
  3. The Executive may delegate any tasks with relation to this award to other persons.
  4. The Executive decision will be made by a majority vote and will not be open to review.
  5. Where a member of the Executive has been nominated for the award, that member will abstain from voting on the award and will not be present when the Executive is considering the nominations.
  6. The submission of nominations should be received no later than September. The award will be announced at the AGM in December. Nominations should be sent to the president, preferably by email.
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Law & History Volume 7 Issue 1 (2020) now available

Volume 7, Issue 1 (2020) of Law & History, the Society journal, is now available online through institutional databases such as Informit.

It comprises some fascinating legal and historical scholarship. Check out the contents below:

  1. Philip Girard, The contrasting fates of French Canadian and indigenous constitutionalism: British North America, 1760-1867
  2. Bevan Marten, Confronting British bullies: Shipping law reform in Australia and New Zealand, 1888-1907
  3. Tim Soriano, ‘The peculiar circumstances of that settlement’: Burnaby’s code and Royal Naval rule in British Honduras
  4. Tim Calabria, The bungalow and the transformation of the ‘half-caste’ category in central Australia: Race and law at the limits of a settler colony, 1914-1937
  5. Anne Maree payne, ‘To the exclusion of the rights of the mother’: Legal barriers to Aboriginal mothering in the stolen generations era
  6. Emma Bellino, Married women’s nationality and the white Australia policy, 1920-1948

REFLECTIVE ESSAY

Greg Marks, Aboriginal land rights and the Hermannsburg controversy: Implications for self-determination

OBITUARY

Professor Colin Tatz AO (1934-2019) (Christopher Brien)

BOOK REVIEWS

Gender violence in Australia: Historical perspectives (Yves Rees)

Habeas corpus in wartime: From the tower of London to Guantanamo Bay (David Clark)

The lost boys of Mr Dickens: How the British empire turned artful dodgers into child killers (Matthew Allen)

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Call for nominations for the 2020 Annual Prize in Legal History

Nominations for this year’s prize in Legal History are open and will close on 18 September 2020. Ideally nominations should be emailed to the president and include an electronic copy of the work. Please note the conditions of the award below. The president’s email address is:

p.vines@unsw.edu.au

The purpose of the Prize is to acknowledge and advance work in the field of legal history in relation to Australasia.

Congratulations to Isabella Alexander,  whose article ,  ‘Cartography, Empire and Copyright Law in Colonial Australia’, published in law&history 5. 1 (2018) is the 2019 winner.

The judges commented :

‘Alexander’s ‘s article [is] intellectually stimulating in the manner in which it explores the function of copyright laws as a technology of empire, giving validity to the kind of map-making that underpinned imperial claims to territory and notions of property rights.  A great strength of the piece is the way the article crosses between intellectual history and legal history to make an argument about how mapping and copyright law enabled land to be allocated and commodified.  The judges were also struck by the range  and diversity of primary and secondary sources on which Alexander has drawn  and the expertise with which the source material is deployed.’

Past Winners: 

2018Shaunnagh Dorsett, Juridical Encounters: Maori and the Colonial Courts 1840-1852 (Auckland University Press, 2017)

2017: Mark Finnane & Andy Kaladelfos ‘Race and Justice in and Australian Court: Prosecuting Homicide in Western Australia 1830-1954’. Australian Historical Studies, 47, 2016

2016: Libby Connors for Warrior: A legendary leader’s dramatic life and violent death on the colonial frontier (Allen & Unwin, 2015)

2015: No award.

2014: Amelia Thorpe for ‘Participation in planning: Lessons from the green bans’ (2013) 30 Environmental and Planning Law Journal 93

Conditions of the Award:

The Award

  1. The Executive of the ANZLHS will award the prize to the author or authors whose published book, chapter, essay, or article has, in the judgment of the ANZLHS Executive, made the most significant contribution to the field of legal history in relation to Australasia since the award of the last prize.

Eligibility

  1. In order to be eligible authors must be a current member of the ANZLHS.
  2. Eligible authors includes those who write in the field of legal history in Australasia (broadly defined). In any cases of uncertainty as to eligibility, the decision of the Executive of the ANZLHS as to whether a work qualifies for the award is final.
  3. In order to be eligible, the award must bear a publication date of the calendar year immediately prior to the year in which the award is to be made. For example, if the award is made in 2017, the publication must bear the date 2016.

 Administration and Adjudication

  1. Nominations can be made by anyone. Nominations must be in writing. Nominations must be sent to both the current President and the current Secretary of the ANZLHS. Their email addresses can be found on the Society’s webpage.
  2. The award will be judged by the current Executive of the ANZLHS. For these purposes the Executive comprises the President, Vice-President, Australian Treasurer, New Zealand Treasurer, Immediate Past President, Secretary and the Editor of Law&History.
  3. The Executive may delegate any tasks with relation to this award to other persons.
  4. The Executive decision will be made by a majority vote and will not be open to review.
  5. Where a member of the Executive has been nominated for the award, that member will abstain from voting on the award and will not be present when the Executive is considering the nominations.
  6. The submission of nominations should be received no later than September. The award will be announced at the AGM in December. Nominations should be sent to the president, preferably by email.
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