Lords of the Land: Indigenous Property Rights and the Jurisprudence of Empire: Oxford Studies in Modern Legal History
Autor Mark Hickforden Limba Engleză Hardback – 7 dec 2011
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Specificații
ISBN-13: 9780199568659
ISBN-10: 0199568650
Pagini: 552
Ilustrații: maps
Dimensiuni: 163 x 240 x 45 mm
Greutate: 0.98 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Seria Oxford Studies in Modern Legal History
Locul publicării:Oxford, United Kingdom
ISBN-10: 0199568650
Pagini: 552
Ilustrații: maps
Dimensiuni: 163 x 240 x 45 mm
Greutate: 0.98 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Seria Oxford Studies in Modern Legal History
Locul publicării:Oxford, United Kingdom
Recenzii
Lords of the Land is the most outstanding book of New Zealand history of current times. Not since the 1980s has a text of this calibre appeared. It is transformative of the methodologies with which historical studies are undertaken in New Zealand. It is an absolutely exemplary text, both for new techniques and as well as for the revival of deep research into imperial and colonial archival sources and for how they should be melded together.
It encapsulates an immense effort of legal archaeology ... excavating the messy contingences of actual colonial policy and practice on indigenous land rights from the archival records of the time ... I earnestly urge all legal historians to pay particular regard to Hickford's section on Symonds contextualized.
Constitutionalism represents a flexible way of framing the distribution of political and legal authority within a polity (polis) as well as a culture and ways of resolving disgreements about what is to be done. These disagreements may be addressed through political or juridical contests or both. 6 The most enduring and salient feature of political constitutionalism in colonial NZ, according to Hickford, was Maori insistence on treating any agreement with the Crown as never final, but only as punctuated moments in conversations without end ... From the perspective of political constitutionalism the Treaty of Waitangi generates a kind of positive uncertainty.
Hickford's work is notable too for its portrayal of the agency that Maori have insisted on exercising in the development of native title and political constitutionalism in New Zealand. Maori are not, and never have been a fatal impact people, and this is reflected in these kinds of recent scholarship.
There is much yet to be done to do justice to the rich constitutional history of New Zealands peoples. Lords of the Land is an important book that takes us some considerable distance down that path.
It encapsulates an immense effort of legal archaeology ... excavating the messy contingences of actual colonial policy and practice on indigenous land rights from the archival records of the time ... I earnestly urge all legal historians to pay particular regard to Hickford's section on Symonds contextualized.
Constitutionalism represents a flexible way of framing the distribution of political and legal authority within a polity (polis) as well as a culture and ways of resolving disgreements about what is to be done. These disagreements may be addressed through political or juridical contests or both. 6 The most enduring and salient feature of political constitutionalism in colonial NZ, according to Hickford, was Maori insistence on treating any agreement with the Crown as never final, but only as punctuated moments in conversations without end ... From the perspective of political constitutionalism the Treaty of Waitangi generates a kind of positive uncertainty.
Hickford's work is notable too for its portrayal of the agency that Maori have insisted on exercising in the development of native title and political constitutionalism in New Zealand. Maori are not, and never have been a fatal impact people, and this is reflected in these kinds of recent scholarship.
There is much yet to be done to do justice to the rich constitutional history of New Zealands peoples. Lords of the Land is an important book that takes us some considerable distance down that path.
Notă biografică
Mark Hickford is currently in the Prime Minister's Advisory Group at the Department of the Prime Minister and Cabinet in New Zealand, and an Adjunct Lecturer at Victoria University of Wellington. He is 2008 New Zealand Law Foundation International Research Fellow and a Crown Counsel. Dr Hickford holds a doctorate from Oxford and is a barrister and solicitor of the High Court of New Zealand. From 2002-2010 he was a Crown Counsel specializing in public law, the Treaty of Waitangi, Crown-Maori relations, and Natural Resources Law and he also served as a senior consultant to the New Zealand Law Commission from 2007 to 2008. Specializing in the history of law and empire, he has authored chapters and articles on the questions of indigenous property rights and the history of law and political thought, including contributions to the Journal of Imperial and Commonwealth History and the History of Political Thought.