Fragile Foundations
The Application of English Criminal Law to Crimes Committed in New Zealand between 1826 and 1907
Author: David Collins
A compelling and rigorous exploration of the foundations of Aotearoa New Zealand's criminal justice system, examining English criminal law as it came to be applied in New Zealand, its impact on Indigenous laws and customs and the legacy of that clash.
Hardcover
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Summary
A compelling and rigorous exploration of the foundations of Aotearoa New Zealand's criminal justice system, examining English criminal law as it came to be applied in New Zealand, its impact on Indigenous laws and customs and the legacy of that clash.
Description
The arrival of Europeans in Aotearoa brought about an inevitable clash between the laws and values of Maori societies and those of the newcomers. Like a subduction zone between two tectonic plates, each pressing against the other, this clash led to ruptures, often with long-term consequences. This ground-breaking book examines a series of notable criminal trials in order to understand how the indiscriminate application of English criminal law in New Zealand during the 19th century shaped the landscape of contemporary society. These trials partially explain why Maori continue to be adversely affected by this country's criminal justice system, and also expose the punitive way in which English criminal law was applied during the pre-colonial and colonial eras - a trait that is never far from the surface of modern New Zealand society.
About the Author
David Collins retired as a Judge of the Court of Appeal in 2024, having previously served as a High Court Judge for seven years and as Solicitor-General for six years. His first book, Medical Law in New Zealand, was published by Brooker & Friend in 1992.
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