Published for the Osgoode Society for Canadian Legal History and the Francis Forbes Society for Australian Legal History by University of Toronto Press,
Includes bibliographical references (pages [305]-416) and index.
Contents:
Colonial judges in trouble? : setting the scene -- Judicial tenure and accountability and independence in the common law world before 1800 -- The administration of colonial justice and law in the 19th century British Empire : general contours -- The perils of the colonial judiciary : courting reform in a counter-revolutionary empire, 1800-1830 -- The perils of the colonial judiciary : ultra-conservative judges in an era of developing reformist sentiment in the British Empire, 1810-1840 -- The perils of the colonial judiciary : guarding the sanctity of the common law from local "deviations" in a convict colony, 1800-1830 -- The perils of the colonial judiciary : English legal culture and the repugnancy card in the Australian colonies, 1830- 1850 -- Repugnancy in Australia after 1850 : shoot out in Adelaide, 1854-1868 -- The perils of the colonial judiciary : the incubus of slavery in the West Indian colonies and West Africa, 1800-1834 -- The perils of the colonial judiciary : the indelible stain of slavery in the West Indian colonies, 1834-1900 -- Judges, courts and empire in the 19th century and beyond.
Summary:
"Throughout the British colonies in the nineteenth century, judges were expected not only to administer law and justice, but also to play a significant role within the governance of their jurisdictions. British authorities were consequently concerned about judges' loyalty to the Crown, and on occasion removed or suspended those who were found politically subversive or personally difficult. Even reasonable and well balanced judges were sometimes threatened with removal. Using the career histories of judges who challenged the system, Dewigged, Bothered, and Bewildered illuminates issues of judicial tenure, accountability, and independence throughout the British Empire. John McLaren closely examines cases of judges across a wide geographic spectrum - from Australia to the Caribbean, and from Canada to Sierra Leone - who faced disciplinary action. These riveting stories provide helpful insights into the tenuous position of the colonial judiciary and the precarious state of politics in a variety of British colonies"--Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.