Australian Legal Histories in Context

Abstract

Australian legal history has only emerged as a field of scholarship in its own right in the last twenty years. Prior to that, Australian legal history tended to be written and taught as a footnote to the great sweep of English legal history—the history of the king's courts, the common law and equity, and major nineteenth-century statutory reforms, with a chapter at the end about the classification of the Australian colonies as “settled” colonies, and the consequent reception of English law. This year (2002) sees the twentieth anniversary of Alex Castles's groundbreaking work An Australian Legal History, the first book to take Australian laws and legal institutions as its entire subject matter. It is also the twentieth anniversary of the first Australian Law and History Conference. The years since 1982 have seen the advent of the Australian and New Zealand Law and History Society, increasing attendances at its annual conferences, the establishment of the Australian Journal of Legal History, the completion of a number of Ph.D.theses in the field, and the publication of further influential texts and edited collections by (among others) the authors of the two articles featured in this forum. Two of the most productive strands in this developing literature have concerned the history of colonization and the dispossession of indigenous peoples and histories of women and gender relations in law, although these are by no means that only areas that have been explored. Running through much of this literature, too, are themes of imperial-colonial relations, and relations between law and colonial economies and societies, particularly prior to federation in 1901.