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Between Law and Custom - 'High' and 'Low' Legal Cultures in the Lands of the British Diaspora - The United States, Canada, Australia, and New Zealand, 1600-1900 (Paperback)
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Between Law and Custom - 'High' and 'Low' Legal Cultures in the Lands of the British Diaspora - The United States, Canada, Australia, and New Zealand, 1600-1900 (Paperback)
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When British authorities established 'settler' colonies in North
America and the Antipodes (New Zealand, Australia, South Africa,
Fiji) from the early seventeenth to the late nineteenth centuries,
they introduced law through parliamentary statutes and Colonial
Office oversight, and they dispatched governors and judges to the
colonies. These jurists set aside some aspects of English Common
Law to meet the special conditions of the settler societies, but
the 'Responsible Governments' that were eventually created in the
colonies and the British immigrants themselves set aside even more
of the English law, exercising 'informal law' - popular norms - in
its place. Law and popular norms clashed over a range of issues,
including ready access to land, the property rights of aboriginal
people. the taking of property for public purposes, master-servant
relationships and crown/corporate liability for negligent
maintenance and operation of roads, bridges and railways. Drawing
on extensive archival and library sources in England, the United
States, Canada, Australia and New Zealand, Karsten explores these
collisions and arrives at a number of conclusions that will
surprise.
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