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The Twentieth British Legal History Conference: Call for Papers The Twentieth British Legal History Conference will be held in Cambridge from Wednesday 13 July 2011 to Saturday 16 July 2011. The conference theme will be: Law and Legal Process The conference addresses the intersection between law and legal process, the ways in which the processes of courts and other tribunals, the practices of judges and lawyers, and the needs of litigants, influence each other and shape the development of the law; and the influences in turn of legal doctrine upon the practices of those coming into contact with the law. The conference organisers welcome papers concerning all jurisdictions, branches of the law and historical periods. Ideally, papers should reflect the conference theme. Papers reflecting the results of innovative legal history research are most welcome. Submissions from doctoral students are encouraged. Proposals for papers (up to 500 words) are invited, to reach the organisers – preferably by email attachment (in Word or pdf format) sent to the address below – by 31 August 2010. If potential contributors are unsure whether their proposals suitably reflect the theme, the organisers are very happy to be contacted informally by email (again to the address below). A draft programme and details of registration and accommodation will be circulated early in 2011. Conference Organisers Professor Sir John Baker; Professor David Ibbetson; Dr Neil Jones; Dr Isabella Alexander and Dr Matt Dyson. Conference email: LawBLHC@hermes.cam.ac.uk The Legal History Discussion Group The Journal "Legal History" The Forbes Society has arranged with the publisher of the journal “Legal History” (edited by Professor Buck) to subscribe to the journal at a discount rate. Inquiries should be directed, in the first instance, to Professor Buck at andrew.buck@law.mq.edu.au. Two issues of the journal are published each year. The current (December 2009) issue is presently in the course of being distributed to subscribers.Dr JM Bennett's "Sir Alfred Stephen"  Dr J M Bennett’s biography of Sir Alfred Stephen has just been published (in December 2009) by Federation Press as part of Dr Bennett’s “Lives of the Australian Chief Justices Series”: Sir Alfred Stephen, Third Chief Justice of New South Wales 1844-1873 (ISBN 978 186287 754 2). Stephen’s life and career demonstrate the close connection between law, politics and society in the British Empire of the 19th century. He was a cousin of the leading evangelical, James Stephen whose public service career in the Colonial Office quietly overshadowed those of several Colonial Secretaries. Born in the West Indies, Alfred commenced his connection with Australia in a controversial career as a Crown Law Officer in Tasmania. Having fallen out with the authorities there, he moved to Sydney in 1839 to take up a temporary appointment to the Supreme Court of NSW. He remained on that Bench until 1873, serving as Chief Justice in and from 1844. He remains NSW’s longest-serving Chief Justice. He was a central figure in the development of several major institutions, including the University of Sydney, the Royal Prince Alfred Hospital, the NSW Art Gallery and the Australian Museum. His interest in law reform included Family Law. Copies of the book are available from Federation Press (www.federationpress.com.au) or bookshops generally, including Abbey’s Bookshop in Sydney (abbeys.com.au).
The Forbes Society has assisted publication of Sir Alfred Stephen through the medium of The Forbes Fund and Macquarie University.
Publication of the Kercher Reports The Forbes Society (in conjunction with Federation Press) has published another important work on Australian history: The Kercher Reports, edited by Emeritus Professor Bruce Kercher and Brent Salter. It places before the public an authoritative report of the earliest court cases in Australia, between 1788-1827. In those days the dramas of local politics, society and law – pretty much in that order – were played out in rough-hewn courts. Publication of The Kercher Reports carries the potential to force a re-think about how Australian history in general (and Australian legal history in particular) should be viewed. Broad themes can be measured against particular cases. Adaptations of formal, English law to the realities of early colonial life exposed fundamental debates about the meaning of law and its relationship with society. Inquiries about the publication should be directed to Federation Press (www.federationpress.com.au). Arrangements have been made by the Society with Federation Press for members of the Society to purchase copies of The Kercher Reports, and its companion volume Dowlings Select Cases, 1822 to 1844 (edited by T D Castle and Professor Kercher), at discounted rates.
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The Francis Forbes Society for Australian Legal History Information Needed concerning NSW Lawyers in WWII Following on interest generated by research into the legal profession in WWI, Tony Cunneen seeks information on any members of the legal profession who served in WWII or were involved in war related activities (such as the Red Cross or War Crimes Trials). This information may be used, first, to establish an Honour Roll of service men and women and then, at a later date, an historical account of their service. Anyone with relevant information is invited to contact Tony (at acunneen@bigpond.net.au) providing name, service information, fate, legal career and sources for further information. The aim of the first part of this project is to draw together whatever information there is in various locations so as to establish a list of those who served and an indication as to what further material is available. The NSW Law Society celebrates 125 years The Macquarie Lecture As part of the celebrations of the 200th Anniversary of the commencement of Lachlan Macquarie’s governorship of New South Wales on 1 January 1810, and in conjunction with the Macquarie 2010 Bicentenary Committee chaired by John Aquilina MP, the Forbes Society will host a free, public lecture on 10 March 2010. Brent Salter will deliver “The Macquarie Lecture”. His topic is “Lachlan Macquarie and Rule of Law”. The Lecture will be held in the Common Room of the New South Wales Bar Association (Basement, Selborne Chambers, 174 Phillip Street, Sydney) commencing at 5.15 pm and concluding no later than 6.30 pm.
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| The 2010 Australian Legal History Essay Competition | Essay competition announcements | |
The question for the 2010 Australian Legal History Essay Competition is: “Can Australian History teach us anything about the role of altruism and personal responsibility in the law?” The Competition offers an opportunity to explore the concept of a “duty of care” in the civil law of negligence; the idea, found in the criminal law of homicide, that, outside war, no person is entitled to save his or her life by killing another; and the notion of “Collective Wrongs” epitomised by the Australian Parliament’s apologies to “The Stolen Generations” and “The Forgotten Generations”. The deadline for submission of Essays is on 15 November 2010. Read the Conditions and Guidelines for the Competition, the associated General Outline and copies of judgments in Donoghue v Stevenson (in two parts, (1) and (2)) and The Queen v Dudley & Stevens. |
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| The 2009 Australian Legal History Essay Competition | Past essay competitions |
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The Prize for the 2009 Australian Legal History Essay Competition has been awarded to Isabelle Urbano,
a Year 9 student at Camberwell Girls’ Grammar School in Victoria whose work was supervised by Mr James Fiford,
the Head of History at the School. Isabelle’s essay was entitled, “The People’s Land”. It will be published
in the Australian Bar Review and, following that publication, posted on this website. Isabelle will receive a
personal prize of $250, together with a $250 book voucher from Abbey’s Bookshop of Sydney and a Certificate
commemorating her success. Her school will receive $500 together with a $500 Abbey’s book voucher. The Forbes Society has also awarded a Commendation to Andrew Long of St Pius X College in Chatswood, NSW,
for his essay. Andrew’s supervisor was Mr Michael Lane, the History Coordinator at St Pius. Andrew will receive
a prize of $250 together with a $250 Abbey’s book voucher and a Certificate of Commendation. The Society congratulates both Isabelle and Andrew and their respective schools. "Who owns this land, anyway? ... Discuss whether Australian history has any lessons for us, today, about the meaning or significance of 'land ownership'. Do so by reference to one or more of: (a) Australia as a 'settled' or 'conquered' territory, and Aboriginal Land Rights; (b) the land titles system (known as the 'Torrens System') devised by Robert Richard Torrens; and/or (c) debate about whether Australia should, as a modern sovereign nation, be a republic." Read the Description, Conditions of Entry and Guidelines for the 2009 Competition and the associated General Outline. The Society published four "Background Research Papers" to assist participants in the Competition.
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| Useful web sites | ||
Tim Castle's Capital Punishment Database The names, crimes and fate of the 1300 people who were sentenced to death between 1826 and 1837 are contained in the Castle Database. Some were executed, and many others were reprieved by the Governor and the Executive Council only to face a term of transportation to places such as Norfolk Island or Moreton Bay. Visit the database > |
Wentworth Chambers - 50 years In August 2007 Counsel's Chambers Ltd celebrated the 50th anniversary of the opening of Wentworth Chambers. To mark the occasion, and to record at least a portion of the company's history, CCL has published a commemorative booklet. The booklet is now available from the Counsel's Chambers web site. Visit the web site > |
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| Research papers online | Sorely Tried, by Ian Barker QC |
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With assistance from the Public Purpose Fund, the Forbes Society proposes to publish on this web site electronic copies of important research papers not otherwise readily available, together with selected primary material.
The Magistracy in New South Wales, 1788-1850, by John McLaughlin
Of the people, by the people, for the people: Law-making in New South Wales, 1843-1855, A thesis submitted for the degree of Doctor of Philosophy of the University of New England,
November 2006, by Kerry Fraser Mills, M.A. LLB. (University of Sydney) [Abstract - Intro ] [Ch. 1-3] [Ch. 4-6 ] [Ch. 7-9] [Ch. 10-11] [Appendices ] [Conclusion] [Bibliography] |
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| Current research projects - Comment Corner | In the media | |
The NSW Legal Profession at Gallipoli Based largely upon military records, Tony Cunneen has written a working paper on the involvement of NSW lawyers in Australia's Gallipoli campaign in the First World War. It is entitled Engaged to Act on Another Front. [View the paper] The Law at War: A Social History of the NSW Legal Profession in 1916 This work-in-progress report is the second in a series describing research into the actions of members of the New South Wales Legal Profession in the First World War. It should be read in conjunction with the first in the series, Engaged to Act on Another Front. [View the paper ] These papers are intended to stimulate comment and further information about the characteristics of the legal community’s involvement in World War I. Further papers will cover the years 1917 to 1919. Tony invites comments, corrections, criticism and the provision of research assistance from members of the legal profession, their families and the public generally so that this area of Australian social history can be elaborated.
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View our archive of articles about the latests initiatives of the Forbes Society.
"Just what does 'guilty' mean?", The Australian, 4/4/2008
"Penal colony history just a web link away", The Australian, 24/03/2008
"In Australia's early days, justice was dark and deadly", The Australian, 14/09/2007
"Laying down the law in a new land", Sydney Morning Herald, 31/01/2005
"History in the dock", Sydney Morning Herald, 31/01/2005
"Power and pain in old Sydney", Sydney Morning Herald, 1/02/2005
"A chief justice who once ran foul of the law", Sydney Morning Herald, 25/10/2004 |
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| About the Forbes Society | Membership | |
| The
Francis Forbes Society for Australian Legal History (ACN099
158 620) is a registered public company, limited by guarantee.
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Members of the council of the Forbes Society For enquiries about membership of the Forbes Society, contact the Secretary of the Forbes Society, Geoff Lindsay SC Become a member (application form in PDF) Existing members - membership renewal 08/09
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| Publications | ||
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Forbes Flyer: The newsletter of the Francis Forbes Society The Forbes Flyer is designed to be an informative reference source for members of the Forbes Society. It contains information about events of historical significance, articles about legal research and details of future lectures and other activities the Forbes Society. Summer 2009-10 is now available online Annual reports of the Forbes Society The Forbes Society's 2009 annual report is available online.
The Forbes Lecture Learn more about the Francis Forbes Lectures.
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| Legal history web sites | Legal history journals | |
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| About Sir Francis Forbes | ||
| Sir
Francis Forbes was the first chief justice of New South Wales, between
13 October 1823 and 1 July 1837. Federation Press has recently published, as part of its series on the Lives of the Australian chief justices, a book on the life of Sir Francis Forbes. A review of this title was published in the Winter 2002 edition of Bar News. |
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