Jennifer Corrin
Biographic Data
| ID | 3590598 |
|---|---|
| NAME | Jennifer Corrin |
| GIVEN NAMES | Jennifer |
| FAMILY NAME | Corrin |
| SIGNATURE | CORRIN J |
| AFFILIATIONS | The University of Queensland |
| ORCID | 0000-0001-5176-8034 |
| VERIFIED | Yes |
| TOTAL WORKS | 24 |
| TOTAL CITATIONS | 5 |
| AUTHOR COUNT | 24 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1999 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 2 |
To What Extent Do State Legal Practices Constrain the Expression of Other Forms of Legality? A Response Focussing on Pacific Island Countries
International Survey of Family Law 2023
The International Society of Family Law is an independent, international, and non-political scholarly association dedicated to the study, research and discussion of family law and related disciplines. The Society's membership currently includes professors, lecturers, scholars, teachers, and researchers from more than 50 different countries, offering a unique opportunity for networking within a truly international family law community. The Interna…
Comment ça va? The Status of French Laws in Vanuatu
Prior to Vanuatu’s independence in 1980, in the absence of applicable joint regulations, French law applied to French citizens and English law applied to British citizens. Members of the indigenous population were governed by a different regime. Subjects of other countries were required to “opt” for either the French or the English legal system within one month of arrival. At independence, French and English laws continued in force, unless revoke…
Legal pluralism and the Public Solicitor’s Office of Solomon Islands
The Solomon Islands Public Solicitor’s Office is established by the Constitution. The role of its officers is to provide legal advice and assistance not only in relation to state law, but also in respect of customary laws and institutions. In the course of providing legal aid, numerous dilemmas arise as to the best way in which to negotiate these complex issues, taking into account the prevailing culture. The 40th anniversary of the Journal of Le…
Plurality and punishment: Competition between state and customary authorities in Solomon Islands
The co-existence of plural legal systems throws up complex practical dilemmas. In the criminal sphere, the interaction between customary and state laws raises issues that are, perhaps, most graphically illustrated in the areas of culpability and sentencing. However, questions also arise as to criminal jurisdiction and procedure. This article examines two such questions concerning the position where an act is punishable both by the state and by a …
Legal Pluralism
The term “legal pluralism” does not have a single, universally accepted meaning. Viewed as a social fact, the term refers to the situation where two or more legal orders are present in the same social field. Legal pluralism has also been defined as a species of normative pluralism. More recently, the term “global pluralism” has been used. Legal pluralism as a theory opposes legal positivism, and as an ideology opposes legal centralism. It is a lo…
Exploring the Deep: Looking for Deep Legal Pluralism in the South Pacific
Over the past 40 years, the concept of legal pluralism has gradually gained broader recognition. However, the depth of this pluralism, in the sense of the degree of recognition given to non-state systems of law, varies dramatically from place to place. This article looks at legal pluralism in South Pacific. Commencing with a brief explanation of the different ways in which legal pluralism can be conceptualised, it gives a general overview of the …
Searching for appropriate criminal evidence laws in the South Pacific
Most island states in the South Pacific have inherited a common law legal system as a consequence of their colonial history. After independence only a few of these countries have been active in replacing or amending the inherited laws. In the field of evidence, many countries are still reliant on introduced statutes from the 19th century. Commencing with a brief outline of legal systems in the small island states of the South Pacific, this articl…
Not ‘mere window dressing’: Children's rights and adoption in Samoa
Since Samoa's independence in 1962, customary law has been formally recognised by the State legal system. However, there are tensions between customary law and State law, which are particularly evident in family matters, where the influence of custom and culture is strong. One area where tensions are increasingly acute is adoption. In Samoa, most adoptions, or ‘vae tama’ as the closest customary equivalent is called, take place within the extende…
Getting down to business: Developing the underlying law in Papua New Guinea
At Independence, Papua New Guinea's Constitution gave customary laws a prominent place in the country's legal system. However, for many years Papua New Guinea's courts largely ignored customary laws and fashioned the underlying law almost entirely along the lines of common law. In 2000, the Papua New Guinea Parliament enacted the Underlying Law Act 2000, which requires the courts to look first and foremost to customary laws in developing the unde…
Endemic revolution: HLA Hart, custom and the constitution of the Fiji Islands
The succession of military coups and constitutional revolutions in recent Fijian history poses numerous problems, both urgent practical ones and complex theoretical ones. One set of theoretical questions concerns the issue of legal continuity and discontinuity within a particular society or legal system. Another set of such questions concerns the relationship between formal legal systems and the customs and social conventions of non-western socie…
Legal Pluralism in the Pacific: Solomon Island's World War II Heritage
The country of Solomon Islands, like most Pacific island nations, has a legally pluralistic regime. That is, customary law operates in parallel with the common law, a legacy of Solomon Islands' colonial past. Legal pluralism raises significant difficulties, including in the way cultural heritage is protected and managed. To date, the courts have rarely been called on to deal with such issues, but in 2010 the High Court had to examine legislation …
It Takes Two to Tango, But Three to Commit Adultery: A Survey of the Law on Adultery in Post-Colonial South Pacific States
Adultery appears to provide a common link between divorce regimes. However, this does not necessarily mean that the rationale for the demonizing of adultery is the same in different parts of the world or that it is treated the same way in matrimonial regimes or under criminal laws. This article looks at the law of adultery in the South Pacific and seeks to place it in its historical and social context. It commences by exploring the historical app…
Accommodating Legal Pluralism in Pacific Courts: Problems of Proof of Customary Law
The interface between state legal systems and customary law is the site of a number of complex problems. A particular difficulty lies in accommodating customary law in formal common law court processes, which are typically driven by the adversarial system. An important but much neglected issue within this area is how best to approach the proof of customary law in courts. A threshold question that arises is whether it should be treated as law or f…
A Question of Identity: Complexities of State Law Pluralism in the South Pacific
Throughout the world many former colonies are struggling with an inheritance of legal pluralism that gives recognition to both customary law and formal, written law. The interaction of such laws, which are very different in nature, often raises complex questions, especially because in practice the boundaries between them are often blurred. Each has had to adapt to accommodate the other, and in some cases hybrids have emerged. Questions of jurisdi…
A Tragedy of Monumental Proportions’: Indigenous Australians and the Sentencing Process
This article explores the tensions between the principles of rehabilitation and community protection in the sentencing of Aboriginal people, especially in the context of dysfunctional and remote Aboriginal communities. In order to explore these tensions, the article draws on the issues raised in a recent Australian case involving the sentencing of nine young Aboriginal men and boys who pleaded guilty to the rape of a 10-year-old girl in a remote …
Moving Beyond the Hierarchical Approach to Legal Pluralism in the South Pacific
In countries of the South Pacific, societies are often discussed in terms of the dichotomy between ‘traditional’ and ‘modern’. Similarly, legal systems are often described by reference to the dichotomy between ‘customary’ or ‘traditional’ law and ‘state law’, and between ‘informal’ and ‘formal’ justice. In fact, these divisions are becoming a thing of the past, gradually blurred by changes in the pattern of society and by the interaction between …
From Horizontal and Vertical to Lateral: Extending the Effect of Human Rights in Post Colonial Legal Systems of the South Pacific
A key issue in countries where human rights charters have been constitutionally enshrined is the extent to which those rights apply. Intertwined with this is the question, crucial to the rational evolution of the interrelationship of public international and private law, of what role should be played by human rights law in governing the relationships between private individuals or groups. In the South-West Pacific, where human rights charters wer…
Ples Bilong Mere: Law, Gender and Peace-Building in Solomon Islands
A Green Stick or A Fresh Stick? Locating Customary Penalties in The Post-Colonial Era
Former colonies and dependencies in the South Pacific do not have the luxury of entirely ‘homegrown’ laws. Their legal systems are burdened with a ‘legacy’ of transplanted laws, developed for use in a foreign country, imposed on pre-existing systems of custom and culture. As a result, many small island countries are struggling to balance the demands of law from different sources, designed to operate in fundamentally different circumstances. In ad…
Barava Tru’: Judicial Approaches to the Pleading and Proof of Custom in the South Pacific
[I]t is the transformation of custom into customary law—into something that State courts will recognize, enforce and require—that disrupts the continuity of the indigenous systems. In pre-colonial times ... [the settlement of disputes] ... depended ... on the mutual processes of negotiation and compromise. There is no need to romanticize these processes.... But the important point in this context is that norms play a very different part in negoti…
Legislating Pluralism: Statutory ‘Developments’ in Melanesian Customary Law
This article analyses and compares recent legislation relating to customary law in two Pacific countries: the Underlying Law Act 2000, of Papua New Guinea, and the Customs Recognition Act 2000, of Solomon Islands. The article first presents a historical analysis of the recognition and regulation of customary law during the colonial period and since independence. Each Act is then examined in detail. The individual clauses of the Acts, and in parti…
Unfinished Constitutional Business Human Rights in Fiji Islands
Customary Law and Human Rights in Solomon Islands: A Commentary on Remisio Pusi v James Leni and Others
The Constitution of Solomon Islands provides that no person shall be deprived of specified human rights and freedoms, including freedom of movement. The Constitution recognises customary law as a formal source of law and enjoins Parliament to have particular regard to it; but it also provides that, to the extent that customary law is inconsistent with the Constitution, it is not to apply.In Remisio Pusi v James Leni and others the plaintiff appli…
Ples Bilong Mere: Law, Gender and Peace-Building in Solomon Islands
Barava Tru’: Judicial Approaches to the Pleading and Proof of Custom in the South Pacific
[I]t is the transformation of custom into customary law—into something that State courts will recognize, enforce and require—that disrupts the continuity of the indigenous systems. In pre-colonial times ... [the settlement of disputes] ... depended ... on the mutual processes of negotiation and compromise. There is no need to romanticize these processes.... But the important point in this context is that norms play a very different part in negoti…
Accommodating Legal Pluralism in Pacific Courts: Problems of Proof of Customary Law
The interface between state legal systems and customary law is the site of a number of complex problems. A particular difficulty lies in accommodating customary law in formal common law court processes, which are typically driven by the adversarial system. An important but much neglected issue within this area is how best to approach the proof of customary law in courts. A threshold question that arises is whether it should be treated as law or f…
Customary Law and Human Rights in Solomon Islands: A Commentary on Remisio Pusi v James Leni and Others
The Constitution of Solomon Islands provides that no person shall be deprived of specified human rights and freedoms, including freedom of movement. The Constitution recognises customary law as a formal source of law and enjoins Parliament to have particular regard to it; but it also provides that, to the extent that customary law is inconsistent with the Constitution, it is not to apply.In Remisio Pusi v James Leni and others the plaintiff appli…
Unfinished Constitutional Business Human Rights in Fiji Islands
Legislating Pluralism: Statutory ‘Developments’ in Melanesian Customary Law
This article analyses and compares recent legislation relating to customary law in two Pacific countries: the Underlying Law Act 2000, of Papua New Guinea, and the Customs Recognition Act 2000, of Solomon Islands. The article first presents a historical analysis of the recognition and regulation of customary law during the colonial period and since independence. Each Act is then examined in detail. The individual clauses of the Acts, and in parti…
Barava Tru’: Judicial Approaches to the Pleading and Proof of Custom in the South Pacific
[I]t is the transformation of custom into customary law—into something that State courts will recognize, enforce and require—that disrupts the continuity of the indigenous systems. In pre-colonial times ... [the settlement of disputes] ... depended ... on the mutual processes of negotiation and compromise. There is no need to romanticize these processes.... But the important point in this context is that norms play a very different part in negoti…
A Green Stick or A Fresh Stick? Locating Customary Penalties in The Post-Colonial Era
Former colonies and dependencies in the South Pacific do not have the luxury of entirely ‘homegrown’ laws. Their legal systems are burdened with a ‘legacy’ of transplanted laws, developed for use in a foreign country, imposed on pre-existing systems of custom and culture. As a result, many small island countries are struggling to balance the demands of law from different sources, designed to operate in fundamentally different circumstances. In ad…
Ples Bilong Mere: Law, Gender and Peace-Building in Solomon Islands
Moving Beyond the Hierarchical Approach to Legal Pluralism in the South Pacific
In countries of the South Pacific, societies are often discussed in terms of the dichotomy between ‘traditional’ and ‘modern’. Similarly, legal systems are often described by reference to the dichotomy between ‘customary’ or ‘traditional’ law and ‘state law’, and between ‘informal’ and ‘formal’ justice. In fact, these divisions are becoming a thing of the past, gradually blurred by changes in the pattern of society and by the interaction between …
From Horizontal and Vertical to Lateral: Extending the Effect of Human Rights in Post Colonial Legal Systems of the South Pacific
A key issue in countries where human rights charters have been constitutionally enshrined is the extent to which those rights apply. Intertwined with this is the question, crucial to the rational evolution of the interrelationship of public international and private law, of what role should be played by human rights law in governing the relationships between private individuals or groups. In the South-West Pacific, where human rights charters wer…
A Question of Identity: Complexities of State Law Pluralism in the South Pacific
Throughout the world many former colonies are struggling with an inheritance of legal pluralism that gives recognition to both customary law and formal, written law. The interaction of such laws, which are very different in nature, often raises complex questions, especially because in practice the boundaries between them are often blurred. Each has had to adapt to accommodate the other, and in some cases hybrids have emerged. Questions of jurisdi…
A Tragedy of Monumental Proportions’: Indigenous Australians and the Sentencing Process
This article explores the tensions between the principles of rehabilitation and community protection in the sentencing of Aboriginal people, especially in the context of dysfunctional and remote Aboriginal communities. In order to explore these tensions, the article draws on the issues raised in a recent Australian case involving the sentencing of nine young Aboriginal men and boys who pleaded guilty to the rape of a 10-year-old girl in a remote …
Accommodating Legal Pluralism in Pacific Courts: Problems of Proof of Customary Law
The interface between state legal systems and customary law is the site of a number of complex problems. A particular difficulty lies in accommodating customary law in formal common law court processes, which are typically driven by the adversarial system. An important but much neglected issue within this area is how best to approach the proof of customary law in courts. A threshold question that arises is whether it should be treated as law or f…
It Takes Two to Tango, But Three to Commit Adultery: A Survey of the Law on Adultery in Post-Colonial South Pacific States
Adultery appears to provide a common link between divorce regimes. However, this does not necessarily mean that the rationale for the demonizing of adultery is the same in different parts of the world or that it is treated the same way in matrimonial regimes or under criminal laws. This article looks at the law of adultery in the South Pacific and seeks to place it in its historical and social context. It commences by exploring the historical app…
Endemic revolution: HLA Hart, custom and the constitution of the Fiji Islands
The succession of military coups and constitutional revolutions in recent Fijian history poses numerous problems, both urgent practical ones and complex theoretical ones. One set of theoretical questions concerns the issue of legal continuity and discontinuity within a particular society or legal system. Another set of such questions concerns the relationship between formal legal systems and the customs and social conventions of non-western socie…
Legal Pluralism in the Pacific: Solomon Island's World War II Heritage
The country of Solomon Islands, like most Pacific island nations, has a legally pluralistic regime. That is, customary law operates in parallel with the common law, a legacy of Solomon Islands' colonial past. Legal pluralism raises significant difficulties, including in the way cultural heritage is protected and managed. To date, the courts have rarely been called on to deal with such issues, but in 2010 the High Court had to examine legislation …
Getting down to business: Developing the underlying law in Papua New Guinea
At Independence, Papua New Guinea's Constitution gave customary laws a prominent place in the country's legal system. However, for many years Papua New Guinea's courts largely ignored customary laws and fashioned the underlying law almost entirely along the lines of common law. In 2000, the Papua New Guinea Parliament enacted the Underlying Law Act 2000, which requires the courts to look first and foremost to customary laws in developing the unde…
Not ‘mere window dressing’: Children's rights and adoption in Samoa
Since Samoa's independence in 1962, customary law has been formally recognised by the State legal system. However, there are tensions between customary law and State law, which are particularly evident in family matters, where the influence of custom and culture is strong. One area where tensions are increasingly acute is adoption. In Samoa, most adoptions, or ‘vae tama’ as the closest customary equivalent is called, take place within the extende…
Searching for appropriate criminal evidence laws in the South Pacific
Most island states in the South Pacific have inherited a common law legal system as a consequence of their colonial history. After independence only a few of these countries have been active in replacing or amending the inherited laws. In the field of evidence, many countries are still reliant on introduced statutes from the 19th century. Commencing with a brief outline of legal systems in the small island states of the South Pacific, this articl…
Legal Pluralism
The term “legal pluralism” does not have a single, universally accepted meaning. Viewed as a social fact, the term refers to the situation where two or more legal orders are present in the same social field. Legal pluralism has also been defined as a species of normative pluralism. More recently, the term “global pluralism” has been used. Legal pluralism as a theory opposes legal positivism, and as an ideology opposes legal centralism. It is a lo…
Exploring the Deep: Looking for Deep Legal Pluralism in the South Pacific
Over the past 40 years, the concept of legal pluralism has gradually gained broader recognition. However, the depth of this pluralism, in the sense of the degree of recognition given to non-state systems of law, varies dramatically from place to place. This article looks at legal pluralism in South Pacific. Commencing with a brief explanation of the different ways in which legal pluralism can be conceptualised, it gives a general overview of the …
Plurality and punishment: Competition between state and customary authorities in Solomon Islands
The co-existence of plural legal systems throws up complex practical dilemmas. In the criminal sphere, the interaction between customary and state laws raises issues that are, perhaps, most graphically illustrated in the areas of culpability and sentencing. However, questions also arise as to criminal jurisdiction and procedure. This article examines two such questions concerning the position where an act is punishable both by the state and by a …
Legal pluralism and the Public Solicitor’s Office of Solomon Islands
The Solomon Islands Public Solicitor’s Office is established by the Constitution. The role of its officers is to provide legal advice and assistance not only in relation to state law, but also in respect of customary laws and institutions. In the course of providing legal aid, numerous dilemmas arise as to the best way in which to negotiate these complex issues, taking into account the prevailing culture. The 40th anniversary of the Journal of Le…
Comment ça va? The Status of French Laws in Vanuatu
Prior to Vanuatu’s independence in 1980, in the absence of applicable joint regulations, French law applied to French citizens and English law applied to British citizens. Members of the indigenous population were governed by a different regime. Subjects of other countries were required to “opt” for either the French or the English legal system within one month of arrival. At independence, French and English laws continued in force, unless revoke…
International Survey of Family Law 2023
The International Society of Family Law is an independent, international, and non-political scholarly association dedicated to the study, research and discussion of family law and related disciplines. The Society's membership currently includes professors, lecturers, scholars, teachers, and researchers from more than 50 different countries, offering a unique opportunity for networking within a truly international family law community. The Interna…
To What Extent Do State Legal Practices Constrain the Expression of Other Forms of Legality? A Response Focussing on Pacific Island Countries
Political science (23 works) · Law (22 works) · Law (17 works) · Island Studies and Pacific Affairs (15 works) · Sociology (14 works) · Law and economics (9 works) · Legal pluralism (7 works) · Legal realism (7 works) · Common law (6 works) · Comparative law (6 works)