Books on Australian legal history are generally located at KL 416 and KL 26.
Studies in law by
Studies in Law (2nd edition) introduces non-law and new law students to the following fundamental areas of law: Tort Law; Business Law; Real Property Law; the Australian Legal System; Criminal Law and Legal Research. Compiled and edited by Donald Gordon for students at Victoria University, the content has been selected from various Thomson Reuters publications as well as including original material. Studies in Law (2nd edition) is also available to other educational institutions.
A Legal History for Australia by
This is a contemporary legal history book for Australian law students, written in an engaging style and rich with learning features and illustrations. The writers are a unique combination of talents, bringing together their fields of research and teaching in Australian history, British constitutional history and modern Australian law. The first part provides the social and political contexts for legal history in medieval and early modern England and America, explaining the English law which came to Australia in 1788. This includes: The origins of the common law The growth of the legal profession The making of the Magna Carta The English Civil Wars The Bill of Rights The American War of Independence. The second part examines the development of the law in Australia to the present day, including: The English criminal justice system and convict transportation The role of the Privy Council in 19th century Indigenous Australia in the colonial period The federation movement Constitutional Independence The 1967 Australian referendum and the land rights movement. The comprehensive coverage of several centuries is balanced by a dynamic writing style and tools to guide the student through each chapter including learning outcomes, chapter outlines and discussion points. The historical analysis is brought to life by the use of primary documentary evidence such as charters, statutes, medieval source books and Coke's reports, and a series of historical cameos - focused studies of notable people and issues from King Edward I and Edward Coke to Henry Parkes and Eddie Mabo - and constitutional detours addressing topics such as the separation of powers, judicial review and federalism. A Legal History for Australia is an engaging textbook, cogently written and imaginatively resourced
Jesting Pilate : and other papers and addresses by
Although it is now ninety years since he was first appointed to the High Court and fifty five years since he retired as Chief Justice, Sir Owen Dixon remains the towering figure in Australian jurisprudence. He is widely viewed as our greatest and most influential judge. While Dixon's judgments continue to be cited by courts and debated by scholars, his extra-judicial writings have been more difficult to obtain and having accordingly received less attention. The publication of this new expanded edition of Jesting Pilate will help redress the balance, bringing as it does less studied aspects of Dixon's expansive and worldly intellect to the fore again.In addition to reorganising the original papers, the Editors have enlarged the collection significantly by including two previously unpublished addresses by Sir Owen Dixon, as well as two papers by Dixon's former associate and friend James Merralls AM QC which provide important context about Dixon's life and work. Additionally insight into Dixon's legacy is provided by the inclusion of important papers by each of the editors. Finally, the speech delivered by Sir Ninian Stephen on the 100th anniversary of Dixon's birth is included, as is a new Foreword by the Hon Susan Kiefel, Chief Justice of Australia.As the Editors note in their Introduction:The materials collected in Jesting Pilate, prepared for disparate occasions, demonstrate aspects of Dixon's personality which might otherwise remain elusive: the warmth of his friendships, his love of an allusive joke and his perspicacity about world affairs and the personalities shaping them. ... It is our hope that this third edition of Jesting Pilate confirms Dixon's past and continuing contribution to developments in Australian law and reaffirms his stature as a great man.From the Book Launch Jesting Pilate, address by The Hon Murray Gleeson AC at the Banco Court, Supreme Court of New South Wales, 31 July 2019..."The Honourable Susan Crennan and the Honourable William Gummow, and The Federation Press, have done an important service to legal history and scholarship by the production of this Third Edition of extra-curial writings and speeches by Sir Owen Dixon, a towering figure of the twentieth century with a reputation of pre-eminence, not only in Australia, but throughout the common law world. The Third Edition differs from the earlier editions in two important respects. First, the papers and addresses are re-arranged and helpfully classified in a manner that makes them more accessible. Second, as an introductory section, there are commentaries on Sir Owen Dixon and his work by Sir Ninian Stephen, James Merralls, SEK Hulme and the two Editors themselves. This introductory material is not only valuable in itself, but will also be very useful for modern lawyers who may not be as familiar with Dixon's place in the legal landscape as people of my generation..." Click here to read the full launch speechFrom the Book Launch Jesting Pilate, address by Professor Michael Crommelin AO at the Supreme Court of Victoria Library, 24 July 2019..."It is a very great honour to be invited to launch this third edition of Jesting Pilate in Melbourne ... The third edition is expanded substantially beyond the original collection of 29 of Sir Owen Dixon's papers and addresses. It includes no fewer than eight additional items, which reveal much more of Sir Owen as a person, a lawyer and a judge, and his enduring contribution to the law..." Click here to read the full launch speech
Law in war : freedom and restriction in everyday life in Australia during the Great War by
During the Great War law was used in everyday life as a tool to discriminate, oppress, censor, and deprive many Australians of property, liberty, and basic human rights. A nation often amends its laws during war, not least to regulate life at home. Yet few historians have considered the impact of the law on Australians during the First World War. In this original book, Catherine Bond breathes life into the laws that were central to the way people were managed in Australia 1914-18. Engaging and revelatory, Law in War holds those who wrote the laws to account, exposing the sheer breadth and impact of this wartime legal regime: the injustices of which linger to this day. More than anything, it illuminates how ordinary people were caught up in--and sometimes destroyed by--these laws created in the name of victory.
A history of Australian legal education by
A History of Australian Legal Education examines the history and development of legal education in Australia by tracing the establishment of university law schools and other forms of legal education in the States and Territories from the time of European settlement in 1788 to the present day. While early Australian legal education was founded on historic practices adopted in England and Wales over many centuries, the circumstances of the Australian colonies, and later States, have led to a unique historical trajectory.The book considers the critical role played by legal education in shaping the culture of law and thus determining how well the legal system operates in practice. In addition, it examines a major challenge for legal educators, namely, the tension between 'training' and 'educating', which has given rise to a plethora of inquiries and reports in Australia. In the final analysis, it argues that legal education can satisfactorily meet the twin objectives of training individuals as legal practitioners and providing a liberal education that facilitates the acquisition of knowledge and transferable skills.
The Australian legal system : history, institutions and method by
The Australian Legal System: History, Institutions and Method 2E delivers a thorough and balanced introduction to the Australian Legal System. It provides a clear grounding in the western and indigenous legal traditions, as well as the history of Australian law and legal institutions.
There is a special emphasis on legal method which forms the basis of legal understanding. In particular, the text analyses and explains legal method - the following and distinguishing of precedent, statutory interpretation and the identification of ratio - which prepares students for their legal study.
Historical Foundations of Australian Law, Volume 1 by
Delve into the history of the Australian legal system. This first volume of 15 essays, by distinguished judges and practitioners, sets the very highest standards of analysis and scholarship. There are incisive assessments of key figures such as Sir Owen Dixon and Justice Joseph Story, and of key developments such as the establishment of an Australian land law, the reception of the common law, the growth to nationhood, the changing role of precedent, and the separation of powers.
Historical Foundations of Australian Law, Volume 2 by
Questions arising in commercial law require an understanding of legal history, no differently from any other area of law, and, as the High Court observed in Andrews v ANZ 2012] HCA 30 at 14], what is needed is more than a brief backward glance. This second volume of essays provides a suite of materials to enable a sophisticated and informed understanding of basic questions throughout commercial law.
Historical Foundations of Australian Law by
The history underlying and informing the Australian legal system is a uniquely interesting amalgam of English, American and local developments. It is often poorly understood - not least because there are no modern counterparts to this volume and its companion on commercial law. But, as Holmes long ago pointed out, in order to know what the law is we must first know what it has been. This volume not only discharges that function, informing its readers clearly and lucidly, but it also demonstrates how Australian legal history may be examined from a range of perspectives, leading to a deeper and richer understanding.This first volume of 15 essays, by distinguished judges and practitioners, sets the very highest standards of analysis and scholarship. There are incisive assessments of key figures such as Sir Owen Dixon and Justice Joseph Story (by Justices Hayne and Allsop respectively), and of key developments such as the establishment of an Australian land law, the reception of the common law, the growth to nationhood, the changing role of precedent, and the separation of powers. There are essays on the very early influences on Australian law from the leading early texts (Glanvill and Bracton), from early English statutes and from Roman law. There are essays on the growth of equity, and even a modern dialogue (in accordance with an ancient tradition) on the Judicature legislation. And there are accounts of legal procedure, which is ultimately the source of much substantive law, and of the jurisprudential figures who have sought to analyse law. The introductory essay by Justin Gleeson and James Watson provides an overview of the volume, as well as being a powerful argument for why an understanding of legal history is not optional but essential.Three of the authors have been appointed to judicial office since preparing these essays, and another has been made Solicitor-General of Australia. All have made distinguished contributions, and their essays will bear reading and re-reading, for all Australian lawyers looking for a deep understanding of how the Australian legal system operates.* Click here for information about Volume II - Commercial Common Law* Click here for information about Set - Volume I & Volume II
Tradition and Change in Australian Law by
Tradition and Change in Australian Law, Fifth Edition, imparts a thorough understanding of the institutions and systems of Australian law by revisiting their origins. It features a detailed explanation of the Australian legal system, past and present, covering the origins of the Western legal tradition, the importance of English history in shaping Australian law and the path from colonisation to independence. It also explains the contemporary court system, judicial reasoning and statutory interpretation. The final chapter explores the challenges for the future, given that traditions offer the framework for evolutionary change. The fifth edition of Tradition and Change in Australian Law, which has been thoroughly revised and updated, provides an excellent foundation for students beginning the study of law. The approachable style of this popular text also makes it useful for the general reader who wants to gain an understanding of Australian law, past, present and future.