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The coronial manual and the bureaucratic logic of the coroner's office

Published online by Cambridge University Press:  22 June 2016

Marc Trabsky*
Affiliation:
Lecturer, La Trobe Law School, La Trobe University. Email: m.trabsky@latrobe.edu.au

Abstract

This paper examines the coronial manual as a technique of occupying office in the nineteenth and twentieth centuries. The manual guided coroners in the performance of their duties, obligations and responsibilities. It was preoccupied with questions of technical knowledge, operational processes and administrative procedure. The language of office that characterised coronial treatises prior to the eighteenth century was gradually supplemented in the nineteenth century by the discourse of bureaucracy. This paper argues that the guidebook professionalised the office of coroner in Australia by setting out procedures, forms and rituals for assuming responsibility for the dead. It also provided advice to coroners for devoting themselves to a vocation in the public service. The paper thus traces historical shifts in the technology of the coronial manual in British colonies and examines how a bureaucratic logic of the coroner's office affected the way in which coroners pursued justice during the death investigation process.

Type
Articles
Copyright
Copyright © Cambridge University Press 2016 

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References

Acts Relating to Coroners and Instructions for the Guidance of Coroners on Justices Acting As Such (Melbourne: Robert S Brain, Government Printer, 1890).Google Scholar
Government Gazette, No. 22, 15 March 1845.Google Scholar
The Coroner's Guide: or, the office and duty of a coroner: containing variety of precedents, and proper instructions for executing the said office. Compiled from the best authorities (London: printed by Henry Lintot, Law-Printer to the King's most Excellent Majesty; for John Worrall, at the Dove in Bell-Yard near Lincoln's Inn, 1756).Google Scholar
Abernethy, John, Baker, Belinda, Dillon, Hugh and Roberts, Helen (2010) Waller's Coronial Law and Practice in New South Wales, 4th edn. Sydney: LexisNexis Butterworths.Google Scholar
Baker, William (1851) A Practical Compendium of the Recent Statutes, Cases and Decisions Affecting the Office of the Coroner: Comprising the New Enactments Relating to the Poor, Police, Registration, General Board of Health, Removal of Nuisances, Prevention of Disease, Sewers, etc, and the Orders and Regulations Issued thereunder Respectively: also the Laws and Decisions in Relation to Burial Clubs, Riotous Assemblies, Steam-boat Navigation, Rail-road Travelling, Collisions, etc., and the Explosion of Steam-boilers, Mines and Gas, and Cases on Poisons, with Precedents of Inquisitions, and Practical Forms. London: Butterworths.Google Scholar
Boys, William F. A. (1864) A Practical Treatise on the Office and Duties of Coroners in Upper Canada: With an Appendix of Forms. Toronto: W. C. Chewett & Co.Google Scholar
Burchell, David (2002) ‘Perpetual Disillusionment’, in Burchell, D. and Leigh, A. (eds), The Prince's New Clothes: Why Do Australians Dislike Their Politicians? Sydney: UNSW Press, 6277.Google Scholar
Burn, Richard J. (1845 [1755]) Justice of the Peace and Parish Officer, Vol. II. London: Sweet, Maxwell and Son, and Steven's and Norton.Google Scholar
Burney, Ian A. (2000) Bodies of Evidence: Medicine and the Politics of the English Inquest, 1830–1926. Baltimore/London: Johns Hopkins University Press.Google Scholar
Dorsett, Shaunnagh and Mcveigh, Shaun (2012) Jurisdiction. New York: Routledge.Google Scholar
Du Gay, Paul (2000) In Praise of Bureaucracy: Weber, Organization, Ethics. London: Sage Publications.Google Scholar
Elmslie, Ronald and Nance, Susan (1988) ‘Smith, William Ramsay (1859–1937)’, in Australian Dictionary of Biography, Vol. 11. Melbourne: Melbourne University Press. Online: <http://adb.anu.edu.au/biography/smith-william-ramsay-8493> (last accessed 5 October 2015).Google Scholar
Finn, Paul (1993) ‘The Law and Officials.’ In Chapman, R. A. (ed.), Ethics in Public Service. Edinburgh: Edinburgh University Press, 135146.Google Scholar
Fitzherbert, Sir Anthony (1549) In This Boke is Conteyned ye Office of Shyryffes, Baylyffes of Lybertyes, Escheatours, Constables, & Coroners: and Sheweth What Euerye One of Them May Do by Vertue of Theyr Offyces Drawen out of Bokes of the Comen Lawe & of the Statutes Imprynted at London in Fletestrete at the signe of the George nexte to saynte Dunstones Churche: By Wyllyam Powell, In the yere of our Lorde God. The .IX. daye of Marche.Google Scholar
Freckelton, Ian and Ranson, David (2006) Death Investigation and the Coroner's Inquest. Melbourne: Oxford University Press.Google Scholar
Golder, Hilary (1991) High and Responsible Office: A History of the NSW Magistracy. Sydney: Oxford University Press.Google Scholar
Impey, John (1800) The Office and Duty of Coroners: Shewing the Mode of Appointment; with the Powers and Duties in Taking Inquisitions, & to which is Added, the Mode of Holding the Court of Coroner, Precedents of Inquisition, and all other necessary precedents. London: printed by A. Strahan, Law-Printer to the King's most Excellent Majesty; for J. Butterworth, Fleet-Street.Google Scholar
Jervis, Sir John (1829) A Practical Treatise on the Office and Duties of Coroners: With an Appendix of Forms and Precedents. London: S. Sweet.Google Scholar
Johnston, A. J. (1868) A Handy Book for the Coroners of New Zealand. Wellington: Government Printers.Google Scholar
Leslie, Myles (2008) ‘Reforming the Coroner: Death Investigation Manuals in Ontario 1863–1894’, Ontario History 100(2): 221238.Google Scholar
Lynch, Jake (1998) ‘Aboriginal “Genius” Was Plagiarised’, The Independent, 23 October.Google Scholar
Macdonald, Helen (2009) ‘The Anatomy Inspector and the Government Corpse’, History Australia 6(2): 40.1–40.17.CrossRefGoogle Scholar
Macdonald, Helen (2010) Possessing the Dead. Melbourne: Melbourne University Press.Google Scholar
Macnevin, Thomas E. (1884 [1875]) Manual for Coroners and Magistrates in New South Wales: being a practical guide to the proceedings of the coroner's court and to the holding of magisterial inquiries in lieu of inquests by justices of the peace, 2nd edn.Sydney: Government Printer.Google Scholar
Macnevin, Thomas E. (1895) Manual for Coroners and Magistrates in New South Wales: being a practical guide to the proceedings of the coroner's court and to the holding of magisterial inquiries in lieu of inquests by justices of the peace, 3rd edn.Sydney: Charles Potter, Government Printer.Google Scholar
Mathews, R. H. (1902 [1888]) Handbook to Magisterial Inquiries in New South Wales: Being a Practical Guide for Justices of the Peace in Holding Inquiries Respecting Deaths, 4th edn.Parramatta: Little and Company.Google Scholar
Mauss, Marcel (2006) ‘Technology (1935/1947)’, trans. Lussier, Dominique, in Techniques, Technology and Civilisation. New York/Oxford: Durkheim Press.Google Scholar
Minson, Jeffrey (2002) ‘Holding on to Office’, in Burchell, D. and Leigh, A. (eds), The Prince's New Clothes: Why Do Australians Dislike Their Politicians? Sydney: UNSW Press, 127144.Google Scholar
Plunkett, John H. (1835) The Australian Magistrate or A guide to the duties of a justice of the peace for the colony of New South Wales. Sydney: Gazette Office.Google Scholar
Richardson, Ruth (1987) Death, Dissection and the Destitute. London/New York: Routledge & Kegan Paul.Google Scholar
Scobie, Claire (2009) ‘The Return of Bones’, Meanjin 68(4) Online: <http://www.meanjin.com.au/editions/Q26volume-68-number-4-2009/article/the-return-of-the-bones> (last accessed 5 October 2015).Google Scholar
Sewell, Richard Clarke (1843) A Treatise on the Law of Coroner: with copious precedents of inquisitions, and practical forms of proceedings. London: O. Richards.Google Scholar
Smith, William Ramsay (1900) A Description of Some Tasmanian Skulls. Sydney: Australian Museum.Google Scholar
Smith, William Ramsay (1904) A Manual for Coroners: being a guide to coronial inquiries and inquests in South Australia and throughout Australasia and in England. Adelaide: Hussey & Gillingham.Google Scholar
Smith, William Ramsay (1909) ‘The Aborigines of Australia.’ In Official Year Book of the Commonwealth of Australia. Melbourne: Commonwealth Bureau of Census and Statistics.Google Scholar
Smith, William Ramsay (1913) Medical Jurisprudence from the Judicial Standpoint. London: Stevens and Sons.Google Scholar
Smith, William Ramsay (1924) In Southern Seas: Wanderings of a Naturalist. London: John Murray.Google Scholar
Smith, William Ramsay (1932/2003) Myths and Legends of the Australian Aborigines. London: Dover Publications.Google Scholar
Smith, William Ramsay and Stirling, Edward Charles (1907–1911) Australian Aborigines – Burial Grounds. Adelaide: Thomas Gill.Google Scholar
Taylor, Howard (1998) ‘Rationing Crime: The Political Economy of Criminal Statistics Since the 1850s’, Economic History Review 51(3): 569590.CrossRefGoogle Scholar
Tomlins, P. S. (1837) The Coroner's Guide: A Summary of the Duties, Powers and Liabilities of Coroners from the Most Approved Authorities. Van Diemens Land: Government Printer.Google Scholar
Umfreville, Edward (1761) Lex Coronatoria: or, the office and duty of coroners. In three parts. Wherein the theory of the office is distinctly laid down; and the practice illustrated. London: Printed for R. Griffiths; and T. Becket.Google Scholar
Weber, Max (2004) ‘Politics as Vocation.’ In The Vocation Lectures, trans. Livingstone, Rodney. Indianapolis: Hackett Publishing Company.Google Scholar

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