Little attention has been paid to the development of Australian
private law throughout the first half of the twentieth century.
Using the law of tort as an example, Mark Lunney argues that
Australian contributions to common law development need to be
viewed in the context of the British race patriotism that
characterised the intellectual and cultural milieu of Australian
legal practitioners. Using not only primary legal materials but
also newspapers and other secondary sources, he traces Australian
developments to what Australian lawyers viewed as British common
law. The interaction between formal legal doctrine and the wider
Australian contexts in which that doctrine applied provided
considerable opportunities for nuanced innovation in both the legal
rules themselves and in their application. This book will be of
interest to both lawyers and historians keen to see how notions of
Australian identity have contributed to the development of an
Australian law.
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