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The language of space and ownership in rural New South Wales in the mid-nineteenth-century: rural workers
- Paula Jane Byrne
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- Journal:
- Rural History / Volume 32 / Issue 2 / October 2021
- Published online by Cambridge University Press:
- 13 August 2021, pp. 167-186
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Language used in depositions in colonial New South Wales shows a mobile non-Aboriginal society of close surveillance, rumour and informing. This derived from the convict system. In response to this there was considerable play with marking and markers, including the widespread use of nicknames and emphasis on personal space. Outside of this was the dreamlike realm of entertainment to be had in public houses, Aboriginal camps and Chinese tents at the diggings. Aboriginal politics was present at all of these places but Aboriginal camps were also places of considerable danger.
Contributors
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- By Rose Teteki Abbey, K. C. Abraham, David Tuesday Adamo, LeRoy H. Aden, Efrain Agosto, Victor Aguilan, Gillian T. W. Ahlgren, Charanjit Kaur AjitSingh, Dorothy B E A Akoto, Giuseppe Alberigo, Daniel E. Albrecht, Ruth Albrecht, Daniel O. Aleshire, Urs Altermatt, Anand Amaladass, Michael Amaladoss, James N. Amanze, Lesley G. Anderson, Thomas C. Anderson, Victor Anderson, Hope S. Antone, María Pilar Aquino, Paula Arai, Victorio Araya Guillén, S. Wesley Ariarajah, Ellen T. Armour, Brett Gregory Armstrong, Atsuhiro Asano, Naim Stifan Ateek, Mahmoud Ayoub, John Alembillah Azumah, Mercedes L. García Bachmann, Irena Backus, J. Wayne Baker, Mieke Bal, Lewis V. Baldwin, William Barbieri, António Barbosa da Silva, David Basinger, Bolaji Olukemi Bateye, Oswald Bayer, Daniel H. Bays, Rosalie Beck, Nancy Elizabeth Bedford, Guy-Thomas Bedouelle, Chorbishop Seely Beggiani, Wolfgang Behringer, Christopher M. Bellitto, Byard Bennett, Harold V. Bennett, Teresa Berger, Miguel A. Bernad, Henley Bernard, Alan E. Bernstein, Jon L. Berquist, Johannes Beutler, Ana María Bidegain, Matthew P. Binkewicz, Jennifer Bird, Joseph Blenkinsopp, Dmytro Bondarenko, Paulo Bonfatti, Riet en Pim Bons-Storm, Jessica A. Boon, Marcus J. Borg, Mark Bosco, Peter C. Bouteneff, François Bovon, William D. Bowman, Paul S. Boyer, David Brakke, Richard E. Brantley, Marcus Braybrooke, Ian Breward, Ênio José da Costa Brito, Jewel Spears Brooker, Johannes Brosseder, Nicholas Canfield Read Brown, Robert F. Brown, Pamela K. Brubaker, Walter Brueggemann, Bishop Colin O. Buchanan, Stanley M. Burgess, Amy Nelson Burnett, J. Patout Burns, David B. Burrell, David Buttrick, James P. Byrd, Lavinia Byrne, Gerado Caetano, Marcos Caldas, Alkiviadis Calivas, William J. Callahan, Salvatore Calomino, Euan K. Cameron, William S. Campbell, Marcelo Ayres Camurça, Daniel F. Caner, Paul E. Capetz, Carlos F. Cardoza-Orlandi, Patrick W. Carey, Barbara Carvill, Hal Cauthron, Subhadra Mitra Channa, Mark D. Chapman, James H. Charlesworth, Kenneth R. Chase, Chen Zemin, Luciano Chianeque, Philip Chia Phin Yin, Francisca H. Chimhanda, Daniel Chiquete, John T. Chirban, Soobin Choi, Robert Choquette, Mita Choudhury, Gerald Christianson, John Chryssavgis, Sejong Chun, Esther Chung-Kim, Charles M. A. Clark, Elizabeth A. Clark, Sathianathan Clarke, Fred Cloud, John B. Cobb, W. Owen Cole, John A Coleman, John J. Collins, Sylvia Collins-Mayo, Paul K. Conkin, Beth A. Conklin, Sean Connolly, Demetrios J. Constantelos, Michael A. Conway, Paula M. Cooey, Austin Cooper, Michael L. Cooper-White, Pamela Cooper-White, L. William Countryman, Sérgio Coutinho, Pamela Couture, Shannon Craigo-Snell, James L. Crenshaw, David Crowner, Humberto Horacio Cucchetti, Lawrence S. Cunningham, Elizabeth Mason Currier, Emmanuel Cutrone, Mary L. Daniel, David D. Daniels, Robert Darden, Rolf Darge, Isaiah Dau, Jeffry C. Davis, Jane Dawson, Valentin Dedji, John W. de Gruchy, Paul DeHart, Wendy J. Deichmann Edwards, Miguel A. De La Torre, George E. Demacopoulos, Thomas de Mayo, Leah DeVun, Beatriz de Vasconcellos Dias, Dennis C. Dickerson, John M. Dillon, Luis Miguel Donatello, Igor Dorfmann-Lazarev, Susanna Drake, Jonathan A. Draper, N. Dreher Martin, Otto Dreydoppel, Angelyn Dries, A. J. Droge, Francis X. D'Sa, Marilyn Dunn, Nicole Wilkinson Duran, Rifaat Ebied, Mark J. Edwards, William H. Edwards, Leonard H. Ehrlich, Nancy L. Eiesland, Martin Elbel, J. Harold Ellens, Stephen Ellingson, Marvin M. Ellison, Robert Ellsberg, Jean Bethke Elshtain, Eldon Jay Epp, Peter C. Erb, Tassilo Erhardt, Maria Erling, Noel Leo Erskine, Gillian R. Evans, Virginia Fabella, Michael A. Fahey, Edward Farley, Margaret A. Farley, Wendy Farley, Robert Fastiggi, Seena Fazel, Duncan S. Ferguson, Helwar Figueroa, Paul Corby Finney, Kyriaki Karidoyanes FitzGerald, Thomas E. FitzGerald, John R. Fitzmier, Marie Therese Flanagan, Sabina Flanagan, Claude Flipo, Ronald B. Flowers, Carole Fontaine, David Ford, Mary Ford, Stephanie A. Ford, Jim Forest, William Franke, Robert M. Franklin, Ruth Franzén, Edward H. Friedman, Samuel Frouisou, Lorelei F. Fuchs, Jojo M. Fung, Inger Furseth, Richard R. Gaillardetz, Brandon Gallaher, China Galland, Mark Galli, Ismael García, Tharscisse Gatwa, Jean-Marie Gaudeul, Luis María Gavilanes del Castillo, Pavel L. Gavrilyuk, Volney P. Gay, Metropolitan Athanasios Geevargis, Kondothra M. George, Mary Gerhart, Simon Gikandi, Maurice Gilbert, Michael J. Gillgannon, Verónica Giménez Beliveau, Terryl Givens, Beth Glazier-McDonald, Philip Gleason, Menghun Goh, Brian Golding, Bishop Hilario M. Gomez, Michelle A. Gonzalez, Donald K. Gorrell, Roy Gottfried, Tamara Grdzelidze, Joel B. Green, Niels Henrik Gregersen, Cristina Grenholm, Herbert Griffiths, Eric W. Gritsch, Erich S. Gruen, Christoffer H. Grundmann, Paul H. Gundani, Jon P. Gunnemann, Petre Guran, Vidar L. Haanes, Jeremiah M. Hackett, Getatchew Haile, Douglas John Hall, Nicholas Hammond, Daphne Hampson, Jehu J. Hanciles, Barry Hankins, Jennifer Haraguchi, Stanley S. Harakas, Anthony John Harding, Conrad L. Harkins, J. William Harmless, Marjory Harper, Amir Harrak, Joel F. Harrington, Mark W. Harris, Susan Ashbrook Harvey, Van A. Harvey, R. Chris Hassel, Jione Havea, Daniel Hawk, Diana L. Hayes, Leslie Hayes, Priscilla Hayner, S. Mark Heim, Simo Heininen, Richard P. Heitzenrater, Eila Helander, David Hempton, Scott H. Hendrix, Jan-Olav Henriksen, Gina Hens-Piazza, Carter Heyward, Nicholas J. Higham, David Hilliard, Norman A. Hjelm, Peter C. Hodgson, Arthur Holder, M. Jan Holton, Dwight N. Hopkins, Ronnie Po-chia Hsia, Po-Ho Huang, James Hudnut-Beumler, Jennifer S. Hughes, Leonard M. Hummel, Mary E. Hunt, Laennec Hurbon, Mark Hutchinson, Susan E. Hylen, Mary Beth Ingham, H. Larry Ingle, Dale T. Irvin, Jon Isaak, Paul John Isaak, Ada María Isasi-Díaz, Hans Raun Iversen, Margaret C. Jacob, Arthur James, Maria Jansdotter-Samuelsson, David Jasper, Werner G. Jeanrond, Renée Jeffery, David Lyle Jeffrey, Theodore W. Jennings, David H. Jensen, Robin Margaret Jensen, David Jobling, Dale A. Johnson, Elizabeth A. Johnson, Maxwell E. Johnson, Sarah Johnson, Mark D. Johnston, F. Stanley Jones, James William Jones, John R. Jones, Alissa Jones Nelson, Inge Jonsson, Jan Joosten, Elizabeth Judd, Mulambya Peggy Kabonde, Robert Kaggwa, Sylvester Kahakwa, Isaac Kalimi, Ogbu U. Kalu, Eunice Kamaara, Wayne C. Kannaday, Musimbi Kanyoro, Veli-Matti Kärkkäinen, Frank Kaufmann, Léon Nguapitshi Kayongo, Richard Kearney, Alice A. Keefe, Ralph Keen, Catherine Keller, Anthony J. Kelly, Karen Kennelly, Kathi Lynn Kern, Fergus Kerr, Edward Kessler, George Kilcourse, Heup Young Kim, Kim Sung-Hae, Kim Yong-Bock, Kim Yung Suk, Richard King, Thomas M. King, Robert M. Kingdon, Ross Kinsler, Hans G. Kippenberg, Cheryl A. Kirk-Duggan, Clifton Kirkpatrick, Leonid Kishkovsky, Nadieszda Kizenko, Jeffrey Klaiber, Hans-Josef Klauck, Sidney Knight, Samuel Kobia, Robert Kolb, Karla Ann Koll, Heikki Kotila, Donald Kraybill, Philip D. W. Krey, Yves Krumenacker, Jeffrey Kah-Jin Kuan, Simanga R. Kumalo, Peter Kuzmic, Simon Shui-Man Kwan, Kwok Pui-lan, André LaCocque, Stephen E. Lahey, John Tsz Pang Lai, Emiel Lamberts, Armando Lampe, Craig Lampe, Beverly J. Lanzetta, Eve LaPlante, Lizette Larson-Miller, Ariel Bybee Laughton, Leonard Lawlor, Bentley Layton, Robin A. Leaver, Karen Lebacqz, Archie Chi Chung Lee, Marilyn J. Legge, Hervé LeGrand, D. L. LeMahieu, Raymond Lemieux, Bill J. Leonard, Ellen M. Leonard, Outi Leppä, Jean Lesaulnier, Nantawan Boonprasat Lewis, Henrietta Leyser, Alexei Lidov, Bernard Lightman, Paul Chang-Ha Lim, Carter Lindberg, Mark R. Lindsay, James R. Linville, James C. Livingston, Ann Loades, David Loades, Jean-Claude Loba-Mkole, Lo Lung Kwong, Wati Longchar, Eleazar López, David W. Lotz, Andrew Louth, Robin W. Lovin, William Luis, Frank D. Macchia, Diarmaid N. J. MacCulloch, Kirk R. MacGregor, Marjory A. MacLean, Donald MacLeod, Tomas S. Maddela, Inge Mager, Laurenti Magesa, David G. Maillu, Fortunato Mallimaci, Philip Mamalakis, Kä Mana, Ukachukwu Chris Manus, Herbert Robinson Marbury, Reuel Norman Marigza, Jacqueline Mariña, Antti Marjanen, Luiz C. L. Marques, Madipoane Masenya (ngwan'a Mphahlele), Caleb J. D. Maskell, Steve Mason, Thomas Massaro, Fernando Matamoros Ponce, András Máté-Tóth, Odair Pedroso Mateus, Dinis Matsolo, Fumitaka Matsuoka, John D'Arcy May, Yelena Mazour-Matusevich, Theodore Mbazumutima, John S. McClure, Christian McConnell, Lee Martin McDonald, Gary B. McGee, Thomas McGowan, Alister E. McGrath, Richard J. McGregor, John A. McGuckin, Maud Burnett McInerney, Elsie Anne McKee, Mary B. McKinley, James F. McMillan, Ernan McMullin, Kathleen E. McVey, M. 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Phan, Isabel Apawo Phiri, William S. F. Pickering, Derrick G. Pitard, William Elvis Plata, Zlatko Plese, John Plummer, James Newton Poling, Ronald Popivchak, Andrew Porter, Ute Possekel, James M. Powell, Enos Das Pradhan, Devadasan Premnath, Jaime Adrían Prieto Valladares, Anne Primavesi, Randall Prior, María Alicia Puente Lutteroth, Eduardo Guzmão Quadros, Albert Rabil, Laurent William Ramambason, Apolonio M. Ranche, Vololona Randriamanantena Andriamitandrina, Lawrence R. Rast, Paul L. Redditt, Adele Reinhartz, Rolf Rendtorff, Pål Repstad, James N. Rhodes, John K. Riches, Joerg Rieger, Sharon H. Ringe, Sandra Rios, Tyler Roberts, David M. Robinson, James M. Robinson, Joanne Maguire Robinson, Richard A. H. Robinson, Roy R. Robson, Jack B. Rogers, Maria Roginska, Sidney Rooy, Rev. Garnett Roper, Maria José Fontelas Rosado-Nunes, Andrew C. Ross, Stefan Rossbach, François Rossier, John D. Roth, John K. Roth, Phillip Rothwell, Richard E. 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Yee, Viktor Yelensky, Yeo Khiok-Khng, Gustav K. K. Yeung, Angela Yiu, Amos Yong, Yong Ting Jin, You Bin, Youhanna Nessim Youssef, Eliana Yunes, Robert Michael Zaller, Valarie H. Ziegler, Barbara Brown Zikmund, Joyce Ann Zimmerman, Aurora Zlotnik, Zhuo Xinping
- Edited by Daniel Patte, Vanderbilt University, Tennessee
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- The Cambridge Dictionary of Christianity
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- 05 August 2012
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- 20 September 2010, pp xi-xliv
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Complexity in simple tasks: a qualitative analysis of GPs’ completion of long-term incapacity forms
- Julia Hiscock, Paula Byrne, Sarah Peters, Debra Westlake, Mark Gabbay
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- Primary Health Care Research & Development / Volume 10 / Issue 3 / July 2009
- Published online by Cambridge University Press:
- 01 July 2009, pp. 254-269
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Aim
To explore the factors influencing the completion of the IB113 form for the Department for Work and Pensions (DWP), as an exemplar of how general practitioners (GPs) manage and report patient information to external bodies.
BackgroundIn UK, GPs complete IB113 forms for their patients approaching longer-term sickness absence, who may be exempt from the incapacity benefit linked medical examination. The DWP has expressed concerns about the quality of such reports, and GP organizations have raised objections to completing such forms. The content of returned forms is variable, and may be subject to a number of influences.
DesignQualitative interviews with purposive sampling of GPs and practice managers (PMs).
SettingPrimary Care practices in the North East of England.
MethodGPs and PMs were interviewed using a semi-structured topic guide about completing IB113 forms for the DWP about their patients entering long-term incapacity. The transcribed data were analysed thematically using the framework analysis method.
ResultsWhilst the IB113 appears superficially straightforward to complete, our results demonstrate levels of overlapping complexity that add ranges of subjectivity and selectivity onto factual reporting, including practice protocols, the gathering and managing of information, the doctor–patient relationship, and doctor’s personal views on systems.
ConclusionsThe recording and reporting of patient related data by GPs is subject to complex influences, which need to be understood and managed to improve the relevance and quality of reports to third parties.
27 - Manners
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- By Paula Byrne
- Edited by Janet Todd, University of Aberdeen
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- Jane Austen in Context
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- 19 December 2020
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- 20 October 2005, pp 297-305
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Summary
Manners are key indicators of human behaviour in society. They can reveal social status and its vicissitudes – a matter of great interest in Austen's age, which was a time of rapid social mobility. ‘Nothing has been longer observed,’ wrote Samuel Johnson in essay 172 of The Rambler, ‘than that a change of fortune causes a change of manners.’ An 1807 lecture by Samuel Taylor Coleridge is the earliest recorded instance of the term ‘manners-painter’: the word was used with regard to Chaucer, but it could as well have been applied to Jane Austen as a portraitist of her own social world.
The word ‘manners’ had a variety of meanings in the late eighteenth century, ranging from ‘character of mind’ and ‘general way of life; morals; habits’ to ‘ceremonious behaviour; studied civility’.1 Austen's novels were written on this spectrum: she was always interested in ‘character of mind’; she anatomised the ‘general way of life’, the morals and habits, of the English middling classes of her time; and she was exasperated by – and made comic capital out of – excessively ceremonious behaviour and over-studied civility.
The idea that novels as opposed to didactic moral treatises were a means to paint ‘manners and morals’ – a common pairing of terms – was relatively new and seriously controversial. The epistolary novel, which was formative of Austen's early art, emerged out of the genre of the conduct book through the agency of Samuel Richardson in the mid eighteenth century. Young women of middling class – newly literate, newly articulate – were the primary intended readers of both genres (though Henry Tilney in Northanger Abbey reminds Catherine that men too may enjoy and learn from novels).
Conduct books were considered to be the appropriate reading material for young women. Usually written by men, often clergy, they were repositories of moral and social advice. They represented a significant shift from the aristocratic ideals of civility and gallantry exemplified in earlier courtesy literature. Lord Chesterfield's Letters to His Son (1774), often considered the last courtesy book, was famously described by Dr Johnson as teaching the morals of a whore and the manners of a dancing master.
9 - Conclusion
- Paula Jane Byrne
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- Criminal Law and Colonial Subject
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- 15 December 2009
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- 29 January 1993, pp 286-290
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Summary
When a solicitor rose to address the court and argued than an emu could not be considered food under English law, he was arguing legal technicalities in an English mode. His audience consisted not only of the officers of the court but also a ragged collection of the public who may have come only to see a good performance, a custom which was also English in origin. Apart from the shufflings and whispering of the public, the process of trial was carried on with careful regard for proper speech and proper silence. To us, the courtroom is a scene; it has a careful balance.
This is unlike the series of actions that led to this courtroom scene. While the concerns of the accused may centre oh conviction, they need not be our concerns. The point at which a criminal case begins to emerge is fraught with power relations. Complainants, informers, witnesses and defendants, together with constables, made colonial law. There is no careful balance here.
Law has a peculiar relationship to everyday life: in law the historian deals with a realm of symbol, speech and silence that arises in situations of conflict or crisis. But law is not universal: it relates to specific social conditions. A convict and indeed a convict's person was most affected by the loss of rights entailed in transportation. However, transportation involved the valuing of labour. It was this valuing which determined how the law would intervene in the person of the convict.
5 - The Creation of Bushranging
- Paula Jane Byrne
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- Criminal Law and Colonial Subject
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- 15 December 2009
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- 29 January 1993, pp 129-152
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Summary
Women who brought close acquaintances to courts shaped the law to their own purposes. In rape cases there was considerable resistance to the woman being heard. This was due partly to the requirements of statute law, the attitudes of magistrates and the opinions of local populations. We can see, then, both this shaping of law to local purposes and resistance to it. Such a relationship to law is even more apparent in the offence of bushranging. This offence was created both by local perceptions and by the interpretations of these by the administration. It was a crisis which was to provide opportunity for the administration to react strongly without regard for ‘freedom’ and its connotations. The response to this policing created its own culture.
Thomas Scott, superintendent of the sugar plantations at Port Macquarie, appeared before the Port Macquarie Bench of Magistrates on 13 June 1826. He claimed that on the night of 2 June he was asleep in his house when his servant woke him. Three men were in the house. They requested a light and when the servant was slow about it, one of them stood over him with a cutlass in a menacing attitude. The men took flour, hemp, knives and government property. In leaving the house they said they had a great party to join from the plains and they intended to murder Keegan, one of the plantation overseers, and Charm, the overseer of the agricultural establishment.
Bibliography
- Paula Jane Byrne
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- Criminal Law and Colonial Subject
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- 15 December 2009
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- 29 January 1993, pp 292-298
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2 - Labour
- Paula Jane Byrne
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- Criminal Law and Colonial Subject
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- 15 December 2009
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- 29 January 1993, pp 19-72
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Summary
Convict Labour in Sydney
Bigge: How long does it take to make a London thief into a good farming man?
Hutchinson: Two or three years.
Bigge speaks here of transformation and this is the language of reform clearly understood by an administrator of convicts, William Hutchinson. The convict was raw material. Such language was to make an increasing appearance in the critiques of the colony of New South Wales. And it is this language which was later to influence the historiography of early colonial New South Wales. The issue of what convicts ‘became’ and the nature of the ‘raw material’ are major directions of research. Alongside the language of reform was the language of commerce. This has not been fully explored by historians, except in Shaw's recognition in Convicts and the Colonies of the constant tension between the notion that the convict system should pay for itself and the notion that the convict should be reformed.
The language of commerce, then, is open to further exploration. It implicitly considered the encapsulation of the person of the convict–it asked the question, what was the person of the convict? Legislators and administrators were led into the difficult world of political economy. This was not undertaken in order to consider the rights of the convict; rather it was for administrators to measure, to weigh, to quantify labour, which they struggled to see as separate from the convict.
Frontmatter
- Paula Jane Byrne
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- Criminal Law and Colonial Subject
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- 15 December 2009
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- 29 January 1993, pp i-iv
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Abbreviations
- Paula Jane Byrne
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- Criminal Law and Colonial Subject
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- 15 December 2009
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- 29 January 1993, pp xiv-xiv
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3 - The House
- Paula Jane Byrne
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- Criminal Law and Colonial Subject
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- 15 December 2009
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- 29 January 1993, pp 73-105
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Summary
Property
In 1815 James Clarkson, baker of Clarence Street, Sydney, made out a deed of gift to Ann Eaton ‘by whom I have had four children as well as her long and faithful service’. He gave her all his household goods which were set out in a schedule. It read:
One camp bedstead one feather bed, one flock bed, two pair of blankets, one coverlet, eleven chairs, two tables, one iron, one shop counter, two iron pots, one copper kettle, three hot irons, eight china plates, six china pint mugs, one plated teapot, one cream jug, two pairs of scales, one set of brass weights, three bread troughs.
These were the entire contents of the house which he felt were important enough to give to Ann Eaton.
The value of household property can be markedly different from culture to culture. ‘Turn now to the area of mental and emotional connections’, John Demos writes of household sieves, ‘and consider that in the seventeenth century they were also used by conjurors and magicians in obscure ceremonies of fortune telling.’ If the way in which objects were considered differs from one culture to another, divisions of personal property and responsibility for property in the household also differ. Disputes over these divisions were brought to the courtroom. In this sense, the law, as in cases of convict servants, had access to particular areas and not to others.
Part 3 - Suspicious Characters: Police and People
- Paula Jane Byrne
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- Criminal Law and Colonial Subject
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- 15 December 2009
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- 29 January 1993, pp 153-154
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8 - Deciding What Was Good and Bad
- Paula Jane Byrne
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- Criminal Law and Colonial Subject
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- 15 December 2009
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- 29 January 1993, pp 265-285
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Summary
Trial
For the defendant and the prosecutor, the process of arrest and hearing or committal was to lead to the trial. In minor cases heard before magistrates the depositions were quickly followed by judgment; for serious cases there were some weeks or months spent waiting for trial. Both magisterial decision and trial were governed by the ritual of English legal procedure. In discussion of the higher courts, Hay writes that ‘a considered use of imagery, eloquent speech and the power of death … had considerable psychic force’. When we consider the terrain this book has covered, the clamour to give evidence, the understandings of what was material evidence, the revenge, the suspicions–all of these were silenced. Pre-trial events and trial inhabited two different realms of understanding and the trial was an epilogue to all that preceded it. As the Chief Justice announced in the criminal court in 1826, ‘in a criminal proceeding, the awarding of punishment was in the province of the Court alone, which could throw out what was bad and pronounce on what was good.’
At every point in the making of a criminal case, decisions were made: as to what was suspicious behaviour, when property was interfered with, what was trespass, what was an assault, a murder, a horrific act. But the court made the final decision.
Case papers, as we have seen, often exhibited a clash between the perceptions of the magistrates and the perceptions of the ordinary population.
Author's Note
- Paula Jane Byrne
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- Criminal Law and Colonial Subject
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- 15 December 2009
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- 29 January 1993, pp xi-xii
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Part 4 - The Courtroom
- Paula Jane Byrne
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- Criminal Law and Colonial Subject
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- 15 December 2009
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- 29 January 1993, pp 263-264
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Figures
- Paula Jane Byrne
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- Criminal Law and Colonial Subject
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- 29 January 1993, pp vii-viii
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6 - The Structure and Style of Policing
- Paula Jane Byrne
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- Criminal Law and Colonial Subject
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- 15 December 2009
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- 29 January 1993, pp 155-207
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Summary
The convict system sought to regulate the person of the convict and his or her movement around the town. The administration also sought to regulate and control the free or freed person. This was met with considerable resistance in the form of skirmishes between constables and local people. Controls over the person developed not only from the administration but also from local populations. As we have seen, these local populations had their own uses for law and their own means of dealing with defendants and complainants. Thus policing combined with resistance and popular use of law to create the restrictions and freedoms of the colonial population, to create what was possible. As with bushranging, policing regulations do not reflect the reality of policing. In colonial New South Wales constables had their own interests and magistrates had their own interpretations of statute law.
In 1810 Governor Macquarie established a system of policing for the town of Sydney. This began a structure of street surveillance and house searching which was intended to make an impact on the social and economic lives of the inhabitants of the town. In many ways it was a fledgling and ineffective system. However, the focus of this policing and of the reformed system introduced by Francis Rossi in 1825 demonstrates an attempt to create a method of policing that was unknown in England.
The capacity of colonial administrators to develop new modes of policing in an untrammelled environment has been well recognised by legal historians.
7 - Popular Use of Law
- Paula Jane Byrne
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- Criminal Law and Colonial Subject
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- 15 December 2009
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- 29 January 1993, pp 208-262
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Summary
The importance of exchange to the survival of bushrangers drew numbers of the population into an illegal economy. This economy was intricately tied to law due to the rituals of hiding and transferring property and the possibility of information being given. The practice of criminal law was thus bound up with popular understanding. The local population could take law out of the hands of legislators, administrators and magistrates and put it to community use. Between 1810 and 1830 the colonial population shaped and modified what it understood to be criminal law. It made use of some regulations and ignored others. It brought information to courts for various reasons associated with revenge or personal acquisitions, as well as what was felt to be a wrong. Like bushranging, these understandings of criminal law created a particular culture of hiding and transferring property, of accusation and defence.
‘Community’ has been a subject pursued with some difficulty by historians. As a term it has created problems because of its connotations of ‘togetherness, the warmth and security of relations among people’. When historians of early modern England looked for such warmth they found that it barely existed: social relations were intolerant in the pre-industrial village. It is possible to reject the term but, as C. J. Calhoun has argued, ‘community’ is useful in exploring how people relate to each other, how they see themselves in society. Calhoun discusses community in terms of its ‘weakness’ and ‘strength’, thereby valuing good relations.
1 - Introduction
- Paula Jane Byrne
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- Criminal Law and Colonial Subject
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- 29 January 1993, pp 1-16
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Summary
In 1822 Eleanor Walsh gave evidence to the magistrate at Bringelly of how she and her husband discovered that Henry Crane, servant to Oxley, had killed their heifer and taken the meat: ‘I went with my husband to the spot and told him to track the shoemarks on the ground. There were three men, one with very long nails on the side of each shoe, another barefoot, we tracked them to Mr. Hooks.’ Her husband could find no evidence of the heifer and so went further, with a constable, to Hassall's farm and then to Oxley's. At Oxley's they went to the carpenter's shop and observed Henry Crane. They saw he had a shoe with three long nails on the side. He tried to swap his shoes with another man in the carpenter's shop but he was arrested and brought before the Bringelly bench with his shoe; the case was sent to the Court of Criminal Jurisdiction. Crane pleaded not guilty, was tried and acquitted.
These events leading to the arrest of Crane were recounted at Birling, the farm of Robert Lowe, magistrate. Eleanor Walsh and her husband stood before Lowe and gave their version of suspicion, evidence and guilt. Her use of tracking, her husband's suspicions of convicts on neighbouring farms and their perceptions of what constituted evidence of Henry Crane's involvement all produced the case. The magistrate Lowe passed the case to the Judge Advocate.
Tables
- Paula Jane Byrne
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- Book:
- Criminal Law and Colonial Subject
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- 15 December 2009
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- 29 January 1993, pp ix-x
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