Salmond, Necessity, and the State

Frame, Alex

doi:10.26686/vuwlr.v38i4.5544

Cited by 2 publications

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“…Since for centuries, the central figure of the English legal system was the judge, who was not just the enforcer of the law, but the author of the law. The perception of law as a judicial tradition, developing evolutionarily and closely linked to the historical development of English society, was a deeply rooted view of the professional legal consciousness of English lawyers, and it is these traditional views that found expression in the legal teaching of the New Zealand lawyer, civil servant and judge John William Salmond (Frame, 1995).…”

Section: The First Ideological Background Of Early Legal Positivism In Englandmentioning

confidence: 99%

Development of English Legal Positivism from Bentham to Salmond and Brown: Leading Ideas in the Context of the Common Law Tradition

Mikhailov

BESPALKO

Korzhenyak

2021

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This article examines the peculiarities of the evolution of English legal positivism, which was the only direction of understanding law formed by professional lawyers, expressing the specifics of their legal consciousness, focused on understanding positive law and the practice of its implementation. The authors examine the key concepts that define the historical trajectory and problem field of legal positivism in the Anglo-American tradition, analyzing the legal teachings of T. Hobbes, D. Hume, J. Bentham, J. Austin, M. Hale, W. Blackstone, J. W. Salmond and W. J. Brown. The attention is drawn to the fact that Salmond lays down objections to the concept of law as a rule of the state and considers its main shortcomings. In his work “Jurisprudence or the Theory of Law”, Salmond presents the flaws and omissions of the “imperative theory of law”, among the proponents of which he names T. Hobbes, S. von Pufendorf, J. Bentham and J. Austin. Brown believes that the essence of law can be expressed by a set of three concepts: “will”, “command” and “reason”, and the just conception of law implies recognition of the elements of unity, growth and growth that is consciously directed towards the realization and achievement of the goal.

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Section: The First Ideological Background Of Early Legal Positivism In Englandmentioning

confidence: 99%

Development of English Legal Positivism from Bentham to Salmond and Brown: Leading Ideas in the Context of the Common Law Tradition

Mikhailov

BESPALKO

Korzhenyak

2021

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“…561 From 1907 to 1920, Salmond was the primary overseer of the exact wording of most government legislation, wielding significant influence on New Zealand law. 562 By this time, New Zealand had already established a much stronger central executive than the United States. Whereas the American federal system was designed to limit the power of central government, the constitution of the New Zealand state is constructed in a way that allows cabinet to pass interventionist laws with little opposition: Seddon established the legislature as subordinate to the executive, and by the end of the First World War "government by order-in-council" was an "established procedure".…”

Section: Policing and Punishment In Wartimementioning

confidence: 99%

“…565 Salmond intended to make Maori land claims "political" -to be decided upon by Parliament, not the courts. 566 Three years later, these clauses were tested when Te Arawa took their claim of fishing rights over Lake Rotorua to the Court of Appeal, arguing that the bed of the lake was "customary Native land in respect of which the Native Land Court has jurisdiction to make freehold orders under the Native Land Act, 1909" -that the "customary and exclusive rights of fishing" in the lake, held by Te Arawa, were "capable in some manner of legal recognition and enforcement" by the Native Land Court. 567 Salmond argued that sections 84 and 85 of the Native Land Act meant that this was not the case: "the contention of the Crown is that the Natives may go to the Native Land Court and ask to have their customary rights investigated and determined, but if the Crown claims the land is Crown land then the Court's jurisdiction is ousted."…”

Section: Policing and Punishment In Wartimementioning

confidence: 99%

“… NZOYB, 1920, p.123; Keith Rankin, Gross National Product Estimates for New Zealand 1859, Working paper series 1/91 (Wellington: Graduate School of Business and Government Management, Victoria University of Wellington, 1991), p.14. Rankin puts real GNP growth at six per cent; attempts to calculate GDP rather than GNP do not go back to 1914: Phil Briggs, Looking at the Numbers: A View of New Zealand's Economic History (Wellington: New Zealand Institute of EconomicResearch, 2003/2007), p.35-9. 284 NZOYB, 1920, p.328.…”

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The Dominion State at War

Egarr¹

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<p>This thesis examines the New Zealand state during the First World War. It seeks to ask, firstly, to what extent did the economic size and legal reach of this state expand during, and because of, the war; secondly, how did was this growth affected by, and how did it impact upon, New Zealand’s relationship with Great Britain? My hypothesis is that, as the wartime New Zealand state expanded in size and power, its relationship with Britain grew tighter and stronger. Following an introduction, in which I take issue with the use of the term “nation” to describe New Zealand in the early twentieth century, the thesis is divided into four chapters. In the first, I look at the men who led the New Zealand Government during the war, in particular the Prime Minister, William Ferguson Massey, and the Cabinet Ministers James Allen, Alexander Herdman, and Joseph Ward; I also respond to the recent historical reassessments of Massey and his government. In the second chapter, I look at education policy during the war, asking how the war influenced administrator’s attempts to centralise control over schools. In the third chapter, I trace the growth of the wartime economy, and the even more substantial growth of the state’s role in the economy, paying particular attention to how trade with Britain grew, and impacted upon other economic policies, suggesting that export of pastoral produce to Britain drove both New Zealand’s economy, and much of the Dominion Government’s policies. In the fourth and final chapter, I look at law and order policies during the war, paying particular attention to the erosion of evidence law in war regulations, and the conscription of men to fight overseas. I will ultimately argue that the growth of, and tighter control over, the pastoral export trade to Britain, and the increasing legal powers of the state within New Zealand, together constituted an expansion of the Dominion government directed at pursuing the needs of the Empire, over and above the needs of New Zealanders.</p>

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Salmond, Necessity, and the State

Cited by 2 publications

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Development of English Legal Positivism from Bentham to Salmond and Brown: Leading Ideas in the Context of the Common Law Tradition

Development of English Legal Positivism from Bentham to Salmond and Brown: Leading Ideas in the Context of the Common Law Tradition

The Dominion State at War

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