Metropolitan theorising: Legal Frameworks, Protectorates and Models for Māori Governance, 1837-1838

Dorsett, SG

Metropolitan theorising: Legal Frameworks, Protectorates and Models for Māori Governance, 1837-1838

Dorsett, SG

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Publisher:: Australian and New Zealand Law and History Society
Publication Type:: Journal Article
Citation:: law&history, 2016, 3 pp. 1 - 27
Issue Date:: 2016

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Field	Value	Language
dc.contributor.author	Dorsett, SG https://orcid.org/0000-0002-3541-5164	en_US
dc.date.issued	2016	en_US
dc.identifier.citation	law&history, 2016, 3 pp. 1 - 27	en_US
dc.identifier.issn	2207-4325	en_US
dc.identifier.uri	http://hdl.handle.net/10453/66526
dc.description.abstract	This article considers the little-known 1838 proposal by Robert Torrens for the establishment of a native government in New Zealand. In so doing, it joins recent literature which seeks to move away from doctrinal or juridical legal history through an exploration of the ways in which legal concepts were used in the first part of the nineteenth century by colonial actors as tools, deployed for political advantage, rather than in strict reliance on them as a particular legal form. In so doing, however, this article also contends that although legal forms were often malleable and could be, and were, deployed in this way, those who relied on them were also bound by Imperial constitutional principles which, while often broad and ambiguous, nevertheless acted as limits on the deployment of these concepts	en_US
dc.publisher	Australian and New Zealand Law and History Society	en_US
dc.relation.ispartof	law&history	en_US
dc.title	Metropolitan theorising: Legal Frameworks, Protectorates and Models for Māori Governance, 1837-1838	en_US
dc.type	Journal Article
utslib.citation.volume	3	en_US
utslib.for	1801 Law	en_US
utslib.for	2103 Historical Studies	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	false	en_US
pubs.publication-status	Published	en_US
pubs.volume	3	en_US

Abstract:

This article considers the little-known 1838 proposal by Robert Torrens for the establishment of a native government in New Zealand. In so doing, it joins recent literature which seeks to move away from doctrinal or juridical legal history through an exploration of the ways in which legal concepts were used in the first part of the nineteenth century by colonial actors as tools, deployed for political advantage, rather than in strict reliance on them as a particular legal form. In so doing, however, this article also contends that although legal forms were often malleable and could be, and were, deployed in this way, those who relied on them were also bound by Imperial constitutional principles which, while often broad and ambiguous, nevertheless acted as limits on the deployment of these concepts

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http://hdl.handle.net/10453/66526