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Author:

Dorsett, Shaunnagh, author.

Title:

Juridical encounters : Maori and the colonial courts, 1840-1852 / Shaunnagh Dorsett

Publisher:

Auckland University Press ,

Copyright Date:

2017

Description:

x, 317 pages ; 23 cm

Subject:

Law--New Zealand--History--19th century.
Courts--New Zealand--History--19th century.
Maori (New Zealand people)--History--History--19th century.
New Zealand--History--History--19th century.
Taipuwhenuatanga.
Ture o te Kawanatanga.
Tikanga.
Colonization.
Courts.
Law.
Maori (New Zealand people)--Legal status, laws, etc.
New Zealand.
Korero nehe.
1800-1899
History.

Notes:

Includes bibliographical references.

Contents:

Introduction -- Juridical Encounters -- PART I: WHOSE LAW? WHICH LAW? -- 1. Preliminary Matters -- 2. Metropolitan Theorising: Amelioration, Protection and Exceptionalism -- 3. Amenability to British Law and Toleration: The Executive and Others -- 4. Common Law Jurisdiction over Maori: Three Cases -- 5. Conclusion -- PART II: DESIGNING EXCEPTIONAL LAWS AND INSTITUTIONS -- 1. Hobson and Clarke: 'Native' Courts -- 2. FitzRoy: The Native Exemption Ordinance 1844 -- 3. FitzRoy: Unsworn Testimony -- 4. Grey: The Resident Magistrates Courts 1846 -- 5. Conclusion -- PART III: JURIDICAL ENCOUNTERS IN THE COLONIAL COURTS -- 1. Preliminaries: Courts and Data -- 2. Offices: Protectors, Lawyers, Interpreters -- 3. Crime -- 4. Suing Civilly: The Resident Magistrates Court and the Office of the Native Assessor -- 5. Conclusion -- The Displacement of Tikanga -- A Brief Jurisprudential Afterword -- APPENDIX I: A Note on Court Data -- APPENDIX II: Court Structure in the Colonial Period -- APPENDIX III: Maori before the Superior Courts -- APPENDIX IV: Maori before the Resident Magistrates Court for Civil Matters inter se in Auckland and Wanganui -- APPENDIX V: The Provinces -- Abbreviations -- Bibliography -- Index.

Summary:

"From 1840 to 1852, the Crown Colony period, the British attempted to impose their own law on New Zealand. In theory Maori, as subjects of the Queen, were to be ruled by British law. But in fact, outside the small, isolated, British settlements, most Maori and many settlers lived according to tikanga. How then were Maori to be brought under British law? Influenced by the idea of exceptional laws that was circulating in the Empire, the colonial authorities set out to craft new regimes and new courts through which Maori would be encouraged to forsake tikanga and to take up the laws of the settlers. Shaunnagh Dorsett examines the shape that exceptional laws took in New Zealand, the ways they influenced institutional design and the engagement of Maori with those new institutions, particularly through the lowest courts in the land. It is in the everyday micro-encounters of Maori and the new British institutions that the beginnings of the displacement of tikanga and the imposition of British law can be seen"--Back cover.

ISBN:

1869408640
9781869408640

OCLC:

(OCoLC)990566870

Locations:

OVUX522 -- University of Iowa Libraries (Iowa City)