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

By: Peter Karsten

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Hardcover | 7 June 2002

At a Glance

Hardcover
578 Pages

Dimensions(cm)
22.86 x 15.24 x 3.66

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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.

Industry Reviews

'This invaluable book offers comparative history on a grand scale where London is not always at the centre of legal ideas, telling us an important new story about the rich diversity of the British empire.' The Journal of Imperial and Commonwealth History

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Non-Fiction History General & World History Law Jurisprudence & General Issues Systems of Law Common Law International Law Specific Events & Topics in History Colonialism & Imperialism

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Paperback

Published: 24th November 2008

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Land
Law versus customs
Corncribs, manuring, timber, and sheep: landlords and tenants
Getting title: squatters and proprietors
Protecting one's 'prope'ty': 'takings', easements, nuisances, and trespasses
Agreements
'We have an agreement': the formal and informal law of sales, third-party beneficiaries, common carriers, and contingency-fee contracts
Work: the formal and informal Laws of Labor contracts
Accidents
Judicial responses to negligence claims in Britain and her Diaspora lands, 1830-1910
Beneath the iceberg's tip: personal injury suits, out-of-court settlements, and trial court jury awards: the 'real' accident law in nineteenth-century England, Canada, Australia, New Zealand, and the United States
Conclusions
Table of Contents provided by Publisher. All Rights Reserved.

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

At a Glance

Hardcover

Industry Reviews

Shipping

How to return your order

Defective items

You Can Find This Book In

Other Editions and Formats

Paperback

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