Criminal Law and Colonial Subject: New South Wales, by Paula Jane Byrne

By Paula Jane Byrne

This ebook explores the connection of a colonial individuals with English legislations and appears on the manner within which the perform of legislations built one of the usual inhabitants. Paula Jane Byrne lines the limits between estate, sexuality and violence, drawing from court docket documents, tendencies and court cases. She asks: What did traditional humans comprehend by means of guilt, suspicion, facts and the time period "offense"? She illuminates the values and ideology of the rising colonial realization and the complexity of strength kin within the colony. The e-book reconstructs the felony method with nice tetail and richness and is ready to evoke the standard lives of individuals within the colonial NSW.

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There were particular understandings as to the meaning of 'morality' among the lower classes, and there were also particular perceptions of what it was to be 'female' and of what it was to work. Those persons who brought female convicts to court operated also on particular understandings of what was required in domestic service, what it meant to be in service. The administration saw service as a means of dealing with 'women'—that is, their sex was thought of first. Domestic service, then, was an interval before marriage for the female convict.

79 The connection between insolence and refusal and the possibility of bargaining is illustrated very well in that statement. Neglect Complaints of neglect of work came from a different area. Such complaints usually involved constant neglect if brought by government overseers. In 1820-21 five complaints by government overseers were of that nature. 80 Another three complaints were made by government officials; in these cases the chief engineer and the principal superintendent of convicts walked past a gang and observed prisoners lying down when they were supposed to be at work; respectively, the shell gang, and gangs in the dockyard and at the market wharf.

Samuel Marsden had written in 1806 that 'it is much to be regretted that the settlement of New South Wales has been established for almost twenty years yet no serious attempts for the reformation of female convicts sent out here from time to time have hitherto been made'. 110 His criticism no doubt reached colonial administrators in England. The policy of both Macquarie and Brisbane was to keep as many unassigned female convicts in the Female Factory as possible, and it met with opposition in the popular press in the 1820s.

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