Mark Hickford
Biographic Data
| ID | 454700 |
|---|---|
| NAME | Mark Hickford |
| GIVEN NAMES | Mark |
| FAMILY NAME | Hickford |
| SIGNATURE | HICKFORD M |
| AFFILIATIONS | Victoria University of Wellington, Wellington, New Zealand |
| VERIFIED | No |
| TOTAL WORKS | 11 |
| TOTAL CITATIONS | 7 |
| WORKS AS AUTHOR | 10 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 2003 |
| LATEST PUBLICATION YEAR | 2018 |
| H-INDEX | 2 |
Colonial and Indigenous ‘Laws’—The Case of Britain’s Empires, C.1750–1850
This chapter argues that indigenous and colonial ‘laws’ were made and adapted in and through entanglements of peoples and dynamic political-normative regimes or epistemic communities. These underlying complexities might be obscured in extant anglophone high-level treatises or colonial judicial decisions, let alone indigenous participation in introduced colonial forums, but remain important to appreciate. In approaching the multiple ‘legalities’ i…
Indigenous Peoples and the State
Designing Constitutions in Britain’s Mid-Nineteenth Century Empire – Indigenous Territorial Government in New Zealand and Retrieving Constitutional Histories
Focusing on the striking instance of colonial New Zealand, this article examines constitutional design for colonies of European settlement, arguing about such design in two key respects. First, this article examines the proposals of so-called ‘colonial reformers’ endeavouring to influence constitutional framing, including how their notions on ‘local self-government’ or ‘municipal government’ were reflected or not, while also illuminating their co…
Sovereignties Viewed through Anomalies
‘Tribunals Independent of a Prince’, 1859–1862—Exploring the Dynamics and Consequences of ‘Occasional Association’, Part II
Waitara proved to be a twitch upon the threads of an intrusive and innovative colonial system. It pulled arguments on native title together in a veritable explosion of debates regarding the legitimacy of the colonial government's putative purchase of the Waitara (Pekapeka) block in Taranaki. This chapter examines the Waitara transaction together with the Anglophone debates ranging around it. These disputes further demonstrate the place of native …
Incredulity from a Distance
This chapter demonstrates how imperial policies used the recognition of preexisting native title to ‘discipline’ or manage New Zealand Company-established settlements at Port Nicholson and elsewhere from 1840. In doing so, native title enjoyed a functionality in colonial state-formation or building. Nevertheless, after 1842, collecting privileged (governmental) intelligence on Māori proprietary interests, together with processes of disciplining l…
Lords of the LandIndigenous Property Rights and the Jurisprudence of Empire
The recognition and allocation of indigenous property rights have long posed complex questions for the imperial powers of the mid-nineteenth century and their modern successors. Recognizing rights of property raises questions about pre-existing indigenous authority and power over land that continue to trouble the people and governments of settler states. Through focusing on the settlement of New Zealand during the critical period of the 1830s thr…
Vague Native Rights to Land’
What is often referred to as a common law doctrine of aboriginal or customary title neither underpinned imperial policies towards Māori property rights in the 1830s and 1840s nor was it viewed as a settled or broadly accepted legal doctrine. Rather, critics of imperial policies applying to New Zealand deployed these legal sources in order to challenge and influence the workings of imperial policy on British settlement within New Zealand. The part…
State Authority, Indigenous Autonomy
Journal Article State Authority, Indigenous Autonomy: Crown-Maori Relations in New Zealand, Aotearoa 1900–1950 Get access State Authority, Indigenous Autonomy: Crown-Maori Relations in New Zealand, Aotearoa 1900–1950, by Richard S. Hill (Wellington: Victoria U.P., 2004; pp. 317. NZ$39.95). Mark Hickford Mark Hickford Wellington, New Zealand Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Vol…
Settling Some Very Important Principles of Colonial Law
This article reintroduces the "forgotten" cases of R v Taylor, Attorney-General v Whitaker and Scott v Grace and considers their specific historical contexts. They raise controversial questions about the extent of the New Zealand governor's ability to grant lands outside of the provisions of local ordinances and imperial statutes by using the prerogative. The article notes the flow-on effects of the policy lacuna created by these judgments. The j…
Between Law and Custom
1Wellington, New Zealand Between Law and Custom: ‘High’ and ‘Low’ Legal Cultures in the Lands of the British Diaspora–The United States, Canada, Australia, and New Zealand, 1600–1900 PeterKarsten CambridgeCambridge U.P. 2002xvi + 560£70
Between Law and Custom
1Wellington, New Zealand Between Law and Custom: ‘High’ and ‘Low’ Legal Cultures in the Lands of the British Diaspora–The United States, Canada, Australia, and New Zealand, 1600–1900 PeterKarsten CambridgeCambridge U.P. 2002xvi + 560£70
Designing Constitutions in Britain’s Mid-Nineteenth Century Empire – Indigenous Territorial Government in New Zealand and Retrieving Constitutional Histories
Focusing on the striking instance of colonial New Zealand, this article examines constitutional design for colonies of European settlement, arguing about such design in two key respects. First, this article examines the proposals of so-called ‘colonial reformers’ endeavouring to influence constitutional framing, including how their notions on ‘local self-government’ or ‘municipal government’ were reflected or not, while also illuminating their co…
Vague Native Rights to Land’
What is often referred to as a common law doctrine of aboriginal or customary title neither underpinned imperial policies towards Māori property rights in the 1830s and 1840s nor was it viewed as a settled or broadly accepted legal doctrine. Rather, critics of imperial policies applying to New Zealand deployed these legal sources in order to challenge and influence the workings of imperial policy on British settlement within New Zealand. The part…
Settling Some Very Important Principles of Colonial Law
This article reintroduces the "forgotten" cases of R v Taylor, Attorney-General v Whitaker and Scott v Grace and considers their specific historical contexts. They raise controversial questions about the extent of the New Zealand governor's ability to grant lands outside of the provisions of local ordinances and imperial statutes by using the prerogative. The article notes the flow-on effects of the policy lacuna created by these judgments. The j…
Between Law and Custom
1Wellington, New Zealand Between Law and Custom: ‘High’ and ‘Low’ Legal Cultures in the Lands of the British Diaspora–The United States, Canada, Australia, and New Zealand, 1600–1900 PeterKarsten CambridgeCambridge U.P. 2002xvi + 560£70
Settling Some Very Important Principles of Colonial Law
This article reintroduces the "forgotten" cases of R v Taylor, Attorney-General v Whitaker and Scott v Grace and considers their specific historical contexts. They raise controversial questions about the extent of the New Zealand governor's ability to grant lands outside of the provisions of local ordinances and imperial statutes by using the prerogative. The article notes the flow-on effects of the policy lacuna created by these judgments. The j…
State Authority, Indigenous Autonomy
Journal Article State Authority, Indigenous Autonomy: Crown-Maori Relations in New Zealand, Aotearoa 1900–1950 Get access State Authority, Indigenous Autonomy: Crown-Maori Relations in New Zealand, Aotearoa 1900–1950, by Richard S. Hill (Wellington: Victoria U.P., 2004; pp. 317. NZ$39.95). Mark Hickford Mark Hickford Wellington, New Zealand Search for other works by this author on: Oxford Academic Google Scholar The English Historical Review, Vol…
Vague Native Rights to Land’
What is often referred to as a common law doctrine of aboriginal or customary title neither underpinned imperial policies towards Māori property rights in the 1830s and 1840s nor was it viewed as a settled or broadly accepted legal doctrine. Rather, critics of imperial policies applying to New Zealand deployed these legal sources in order to challenge and influence the workings of imperial policy on British settlement within New Zealand. The part…
‘Tribunals Independent of a Prince’, 1859–1862—Exploring the Dynamics and Consequences of ‘Occasional Association’, Part II
Waitara proved to be a twitch upon the threads of an intrusive and innovative colonial system. It pulled arguments on native title together in a veritable explosion of debates regarding the legitimacy of the colonial government's putative purchase of the Waitara (Pekapeka) block in Taranaki. This chapter examines the Waitara transaction together with the Anglophone debates ranging around it. These disputes further demonstrate the place of native …
Incredulity from a Distance
This chapter demonstrates how imperial policies used the recognition of preexisting native title to ‘discipline’ or manage New Zealand Company-established settlements at Port Nicholson and elsewhere from 1840. In doing so, native title enjoyed a functionality in colonial state-formation or building. Nevertheless, after 1842, collecting privileged (governmental) intelligence on Māori proprietary interests, together with processes of disciplining l…
Lords of the LandIndigenous Property Rights and the Jurisprudence of Empire
The recognition and allocation of indigenous property rights have long posed complex questions for the imperial powers of the mid-nineteenth century and their modern successors. Recognizing rights of property raises questions about pre-existing indigenous authority and power over land that continue to trouble the people and governments of settler states. Through focusing on the settlement of New Zealand during the critical period of the 1830s thr…
Sovereignties Viewed through Anomalies
Designing Constitutions in Britain’s Mid-Nineteenth Century Empire – Indigenous Territorial Government in New Zealand and Retrieving Constitutional Histories
Focusing on the striking instance of colonial New Zealand, this article examines constitutional design for colonies of European settlement, arguing about such design in two key respects. First, this article examines the proposals of so-called ‘colonial reformers’ endeavouring to influence constitutional framing, including how their notions on ‘local self-government’ or ‘municipal government’ were reflected or not, while also illuminating their co…
Colonial and Indigenous ‘Laws’—The Case of Britain’s Empires, C.1750–1850
This chapter argues that indigenous and colonial ‘laws’ were made and adapted in and through entanglements of peoples and dynamic political-normative regimes or epistemic communities. These underlying complexities might be obscured in extant anglophone high-level treatises or colonial judicial decisions, let alone indigenous participation in introduced colonial forums, but remain important to appreciate. In approaching the multiple ‘legalities’ i…
Indigenous Peoples and the State
Political science (9 works) · Indigenous (8 works) · Law (8 works) · Australian History and Society (5 works) · Colonialism, slavery, and trade (5 works) · History (5 works) · Law (5 works) · Politics (5 works) · Colonialism (4 works) · History (4 works)