Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/31283
Title: Tort Law's place in Australian history: different views, different stories
Contributor(s): Lunney, Mark  (author)orcid 
Publication Date: 2018-05-24
Open Access: Yes
Handle Link: https://hdl.handle.net/1959.11/31283
Open Access Link: https://sljresearch.net.au/tort-laws-place-in-australian-history-different-views-different-stories/Open Access Link
Abstract: There has been very little attempt to historicise Australian private law in as part of wider Australian history. Apart from the important efforts of scholars to consider the impact of the imported common law on Australia’s indigenous populations, the substantive content of that private law has, with some important exceptions, been largely neglected by both legal historians and historians more generally. To the extent that it has been considered the view has been taken that Australian courts and legislatures simply followed the English common law. It was only when Australia broke free from its imperial shackles could genuine contributions to common law development be made. In this seminar, I argue that this is a simplistic view that fails to recognise the intellectual and cultural milieu in which Australian legal practitioners operated. By reading back into legal history a bifurcated view of Australian nationalism we risk missing the genuine innovation made to the common law of tort by generations of Australian lawyers.
Publication Type: Conference Publication
Conference Details: SCU 2018: 2018 Southern Cross University Research Seminar Series, Lismore, Australia, 23th January - 2nd August, 2018
Source of Publication: 2018 Research Seminar Series, p. 1-1
Publisher: Southern Cross University, School of Law and Justice Research
Place of Publication: Australia
Fields of Research (FoR) 2008: 210303 Australian History (excl. Aboriginal and Torres Strait Islander History)
180119 Law and Society
Fields of Research (FoR) 2020: 430302 Australian history
480405 Law and society and socio-legal research
Socio-Economic Objective (SEO) 2008: 949999 Law, Politics and Community Services not elsewhere classified
950503 Understanding Australia's Past
Socio-Economic Objective (SEO) 2020: 130703 Understanding Australia’s past
HERDC Category Description: E3 Extract of Scholarly Conference Publication
Publisher/associated links: https://sljresearch.net.au/category/2018-research-seminar-series/
Appears in Collections:Conference Publication
School of Law

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