Commerce and the Development of Contract Law in Early New South Wales

Kercher, Bruce

doi:10.2307/743650

Cited by 3 publications

(1 citation statement)

References 16 publications

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“…Much of the court's decision-making accorded more with notions of 'common sense'. 58 Such a rudimentary and flexible legal system, and heightened anxieties about sexual order, social class and masculine manners, allowed women like Lewin to more easily bring and win slander cases. This changed, however, with the arrival of English-trained lawyers, the establishment of the Supreme Court of Civil Judicature in 1814 and the Supreme Court of New South Wales in 1823.…”

Section: Lewin V Thompson: Immoral House Maid or 'Modest Virtuous' Wife?mentioning

confidence: 99%

Whores Aboard and Laws Abroad: English Women and Sexual Slander in Early Colonial New South Wales

Lake

2022

Gender & History

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In the nineteenth century, a gendered reform movement – the Slander of Women Acts – swept through the British common law world, making it easier for women to sue for defamatory allegations of sexual immorality. By examining two slander cases brought by women in early New South Wales and radical reforms passed in 1847, this article locates the Australian colonies within this global campaign. Arguing that slander worked to reinscribe a woman's colonial category, police ‘savage’ speech and rectify respectability for economic purposes, it shows how ideas of reputation and its protection diverged across the UK, USA and Australia at this time.

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Section: Lewin V Thompson: Immoral House Maid or 'Modest Virtuous' Wife?mentioning

confidence: 99%

Whores Aboard and Laws Abroad: English Women and Sexual Slander in Early Colonial New South Wales

Lake

2022

Gender & History

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Commerce and Cooperation: Litigation and Settlement of Civil Disputes on the Australian Frontier, 1860–1990

Khan¹

2000

J. Eco. History

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I examine the evolution of conflict and cooperation during economic growth by analyzing civil disputes in New South Wales between 1860 and 1900. Disputes per capita fell over time and the proportion of cases settled before trial increased, but patterns varied across locations and types of disputes. Economic conflicts were likelier to be settled than personal disputes, and the fraction of cases settled was significantly lower in frontier areas and in districts without access to transportation. The results suggest that increased market exchange facilitates the development of informal rules and encourages transactors to find cooperative solutions through private bargaining.

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Regulating labour in a colonial context: Maritime labour legislation in the Australian colonies, 1788–1850

Quinlan

1998

Australian Historical Studies

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Commerce and the Development of Contract Law in Early New South Wales

Cited by 3 publications

References 16 publications

Whores Aboard and Laws Abroad: English Women and Sexual Slander in Early Colonial New South Wales

Whores Aboard and Laws Abroad: English Women and Sexual Slander in Early Colonial New South Wales

Commerce and Cooperation: Litigation and Settlement of Civil Disputes on the Australian Frontier, 1860–1990

Regulating labour in a colonial context: Maritime labour legislation in the Australian colonies, 1788–1850

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