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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Reception of English Law Abroad

ISBN13: 9780975123096
Published: March 2007
Publisher: Supreme Court of Queensland Library
Country of Publication: Australia
Format: Hardback
Price: £85.00

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The reception of English law abroad has antecedents that can be traced back as far as the English invasion of Ireland in the late 12th century. But it is to the settlement of Virginia 400 years ago that the legal systems of the former colonial empire owe their beginnings.

As with the English language, transposing the law overseas produced different accents and usages involving adjustments and change to many of its rules. None of the legal systems of the 100 or more places that now use English law or derivative forms of it is today an exact replica of what it was at the time when it parted from its matrix.

This book has been many years in the making, occupying all of the time that could be spared from the demands of judicial office in Queensland. The experience of sitting in Courts in Solomon Islands and Fiji has added an extra dimension to the author’s understanding of the reception process abroad.

Legal History, Other Jurisdictions
1 Introduction
Dissemination of English law
Problems of reception in the colonies
Reception theories
2 Land and territory
Native title
English land law
3 English Government
Imperial Government Abroad
Government by English standards
Imperial Legislative Power
4 Colonial Constitutions
Governmental structure
Administrative review of colonial legislation
Restrictions on colonial legislative power
5 Nationality, Allegiance and Protection
English and British Nationality
Nationality in the colonies
Allegiance and protection
6 Liberties and Laws
English liberties
Colonial liberties
English birthright
Colonial birthright theory
Pervasiveness of colonial birthright
7 Legislative Introduction of English law
Reasons for legislating
Conquered and ceded territory
Local reception legislation
Extraterritorial jurisdiction
8 Territorial Expansion
Legislative extensions of English law
United States of America
British Empire
Jndia and South East Asia
9 Reception Methods
Forms of reception
General reception formulas
Statute law reception
10 Limitations on Reception
Rules not received
Reception dates
Laws excluded
Results in practice
11 Judicial Reception
Courts and Judiciary
Creation of colonial courts
Court Structure and Jurisdiction
12 Reception of Legal Knowledge