Constructing British Authority in Australasia
Charles Cooper and the Legal Status of Aborigines in the South Australian Supreme Court, c. 1840–60
Bibliographic Data
| ID | 11944565 |
|---|---|
| Authors | Damen Ward (Crown College, corresponding author) |
| Year | 2006 |
| Volume | 34 |
| Issue | 4 |
| Pages | 483-504 |
| Publication date | 2006-11-17 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | The Journal of Imperial & Commonwealth History (JOURNAL) |
| Journal identifiers | ISSN: 0308-6534 • E-ISSN: 1743-9329 |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/03086530600991407 |
| OpenAlex | W2030417643 |
| Language | EN |
| Citations received | 3 |
| References cited | 13 |
In 1840 the South Australian judge Charles Cooper wrote an opinion in which he suggested that Aborigines who had not been in contact with British settlers were not within the jurisdiction of the Supreme Court. The resulting controversy led the Colonial Office to clarify its view on the subjecthood of Aborigines within the colony and the colonial courts' jurisdiction over all subjects in the colony. The criminal jurisdiction of the Supreme Court over Aborigines became politically important because it raised wider questions of imperial authority and colonial policy. By placing Cooper's views in a broader Australasian perspective, the formation of Colonial Office policy and the distinctions between legal categories that informed that policy may be better appreciated. Cooper continued to question the general application of Supreme Court jurisdiction to Aborigines into the late 1840s. This caused a clash with Lieutenant-Governor Robe, who felt that any weakness in the formal authority or jurisdiction of the courts threatened the ability of the government to implement effective policies
Colonialism · Federal jurisdiction · Jurisdiction · Original jurisdiction · Political science · Sociology · Supreme court · Anthropological Studies and Insights · Australian History and Society · History · Law · Law in Society and Culture
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| Unique citing works | 3 |
|---|---|
| Citations per year | 0,2 |
| Citation span | 2011 - 2026 (16) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 3 |