Wildy logo
(020) 7242 5778

Wildy’s Book News

Book News cover photo

Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


Justice, Legality and the Rule of Law: Lessons from the Pitcairn Prosecutions

Edited by: Dawn Oliver

ISBN13: 9780199568666
Published: September 2009
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £72.00

Despatched in 5 to 7 days.

A British colony of fifty souls in the Pacific Ocean, Pitcairn Island was settled by the Bounty mutineers and nineteen Polynesians in 1790. In 2004 six Pitcairn men were convicted of numerous offences against girls and young women, committed over a thirty year period, in what appears to have been a culture of sexual abuse on the island.

This case has raised many questions: what right did the British government have to initiate these prosecutions? Was it fair to prosecute the defendants, given that no laws had been published on the island? Indeed, what, if any, law was there on this island? This collection of essays explores the many important issues raised by the case and by the situation of a small, isolated community of this kind.

It starts by looking at the background to the prosecutions, considering the dilemma that faced the British government when the abuse was uncovered, and discussing the ways in which the judges dealt with the case, as well as exploring the history of the settlement and how colonial law affects it.

This background paves the way for an exploration of the philosophical, jurisprudential and ethical issues raised by the prosecutions: was it legitimate for the UK to intervene, given the absence of any common community between the UK and the Island? Was the positivist 'law on paper' approach adopted by the British government and the courts was appropriate, especially given the lack of promulgation of the laws under which the men were prosecuted? Would alternative responses such as payment of compensation to the female victims and provision of community support have been preferable? And should universal human rights claims justify the prosecutions, overriding any allegations of cultural relativism on the part of the UK?

Constitutional and Administrative Law, Jurisprudence
Lord Hope of Craighead PC, FRSE: Foreword
1: Dawn Oliver: Problems on Pitcairn
2: Dawn Oliver: The Pitcairn Prosecutions, Paper Legal Systems, and the Rule of Law
3: Andrew Lewis: Pitcairn's Tortured Past: A Legal History
4: Gordon Woodman: Pitcairn Island Law: A Peculiar Case of the Diffusion of the Common Law
5: Brian Simpson and Dino Kritsiotis: The Pitcairn Prosecutions: An Assessment of Their Historical Context by Reference to the Provisions of Public International Law
6: Colm O'Cinneide: 'A Million Mutinies Now': Why Claims of Cultural Uniqueness Cannot be Used to Justify Violations of Basic Human Rights
7: George Letsas: Rights and Duties on Pitcairn Island
8: Stephen Guest: Legality, Reciprocity, and the Criminal Law on Pitcairn
Annex: Report of Steven Raymond Christian v. The Queen (Privy Council Report)
Professor Dame Marilyn Strathern, FBA: Afterword;