scholarly journals The Problem with Suing Sovereigns: Sloman (1876)

2010 ◽  
Vol 41 (3) ◽  
pp. 403
Author(s):  
Geoff McLay
Keyword(s):  
New Zealand ◽  
19Th Century ◽  
Historical Context ◽  
Important Case ◽  
Legal Personality ◽  
Archival Documents ◽  
Legal Difficulties ◽  
General Inability

In Sloman v The Governor and Government of New Zealand  the plaintiff attempted to sue the New Zealand Government for failing to make good on emigration contracts concluded in Europe. This article analyses the decision in Sloman, that the New Zealand government could not be sued in English courts, both within its own historical context and with respect to 19th century concerns over the general inability of the Crown to be sued. The article points to archival documents which show that the New Zealand Government itself was concerned, in the wake of the earlier loss of the Cospatrick, as to its own ability to recover the passage monies it had paid, and whether that recovery might be prevented by a lack of legal personality in the English Courts. The article concludes that while Sloman is an important case in its own right, there is also a need for greater investigation of both the practical and theoretical legal difficulties that faced the New Zealand Government in its development and immigration projects of the 1870s.

A Deceptive Cadence: Nineteenth-Century Property Law and Popular Culture's Perception of The Piano

1995 ◽  
Vol 10 (2) ◽  
pp. 31-54 ◽  
Author(s):  
Anne Warner La Forest
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Property Rights ◽  
19Th Century ◽  
Historical Context ◽  
Historical Review ◽  
Property Law ◽  
Human Spirit ◽  
Love Story ◽  
Time Period

AbstractThe tale presented in the film The Piano is placed in mid-19th-century New Zealand and has been heralded by critics as a timeless love story, and described as erotic and romantic. A legal historical review of this time period, however, demonstrates that, upon marriage, women had very limited property rights and were entirely dependent upon men, whether their fathers, their husbands, or otherwise. In particular, personal objects such as a piano would become the property of the husband upon marriage. Hence, a married woman's access to the ability to express herself in this manner was not her own. The actions of the characters in this film are consistent with the law applicable to this time period. Ultimately, from this persective, the movie is about the abuses of this kind of culture and its inability to suppress the human spirit—the piano being a symbol of exactly that struggle. This paper compares the “modern” perception of this film to its historical context, with the objective of determining what this says about our present society and culture.

Ein föderales Imperium?

2021 ◽  
Author(s):  
Patrick Rummel
Keyword(s):  
South Africa ◽  
New Zealand ◽  
Great Britain ◽  
British Empire ◽  
19Th Century ◽  
Military Personnel ◽  
The Other ◽  
The 19Th Century

The previously ignored model of Greek colonisation attracted numerous actors from the 19th century British empire: historians, politicians, administrators, military personnel, journalists or anonymous commentators used the ancient paradigm to advocate a global federation exclusively encompassing Great Britain and the settler colonies in Canada, Australia, New Zealand and South Africa. Unlike other historical templates, Greek colonisation could be viewed as innovative and unspent: innovative because of the possibility of combining empire and liberty and unspent due to its very novelty, which did not contain the ‘imperial vice’ the other models had so often shown and which had always led to their political and cultural decline.

Historiography of one city: colonialism, colonization, frontir. On the historiography of the history of functioning of the fortress city of the left wing of the Caucasian cordon line on the example of the history of Kizlyar in the first half of the 19th century

2020 ◽  
Vol 2020 (12-3) ◽  
pp. 250-258
Author(s):  
Mahomed Gasanov ◽  
Abidat Gazieva
Keyword(s):  
19Th Century ◽  
Historical Context ◽  
Left Wing ◽  
Theoretical Concepts ◽  
History Of ◽  
The 19Th Century ◽  
The City

The article is devoted to the analysis of the historiography of the history of the city of Kizlyar. This issue is considered in the historical context of the Eastern Caucasus. The author analyzes the three main theoretical concepts of the problem concerning Russia’s policy in the region, using the example of the city of Kizlyar in the context of historiography.

On the authorship and publication dates of Theraphosa and Theraphosidae (Araneae, Mygalomorphae): a clarification

Bionomina ◽  
2021 ◽  
Vol 24 (1) ◽  
Author(s):  
RAINER BREITLING
Keyword(s):  
19Th Century ◽  
Relevant Literature ◽  
Historical Context ◽  
Publication Date ◽  
Diverse Group ◽  
Early 19Th Century ◽  
The Family ◽  
Minority View ◽  
Case Based ◽  
Selection Of

The genus Theraphosa was established by Thorell (1870) as the type genus of the simultaneously published family Theraphosidae, the most diverse group of mygalomorph spiders. This authorship and publication date have long been accepted by the majority of authors. However, there has been a long-standing minority view that the genus name should be attributed to Walckenaer (1805), and the publication date of the family name changed to 1869.             A thought-provoking recent publication has examined this case. Based on a limited selection of the relevant literature, the authors struggled to make sense of their sources and prematurely concluded that the minority opinion might indeed be correct. They overlooked the potentially destabilising implications of this reattribution.             This paper revisits the evidence in the light of a much wider range of relevant publications, places it in its important historical context and, on the basis of the current rules of nomenclature, concludes that the traditional consensus has indeed been correct.                 Thus, Theraphosa Thorell, 1870 is the type genus of Theraphosidae Thorell, 1870 and a nomen protectum, while Theraphosa Schinz, 1823 is a nomen oblitum, mostly limited to the German textbook literature of the early 19th century. Teraphosa Eichwald, 1830 and Teraphosa Gistel, 1848 are junior synonyms of Avicularia Lamarck, 1818 (syn. nov.). Theraphosa Walckenaer, 1805 is a suprageneric name of the class-series (synonymous to Mygalomorphae) and not available at the genus level.

Mawson’s views on use of natural resources in the Antarctic and sub-Antarctic

Polar Record ◽  
2021 ◽  
Vol 57 ◽  
Author(s):  
Peter D. Shaughnessy ◽  
Mark Pharaoh
Keyword(s):  
New Zealand ◽  
Natural Resources ◽  
Historical Context ◽  
Wildlife Sanctuary ◽  
Elephant Seals ◽  
Macquarie Island ◽  
Antarctic Expedition ◽  
Southern Elephant Seals ◽  
Meteorological Observations ◽  
The Antarctic

Abstract Sir Douglas Mawson is a well-known Antarctic explorer and scientist. Early in his career, he recognised opportunities for commerce in Antarctic and sub-Antarctic regions. While at Cape Denison, Antarctica, in 1913 on the Australasian Antarctic Expedition (AAE), the Adelie Blizzard magazine was produced. Mawson contributed articles about Antarctic natural resources and their possible use. Later, he advocated Australia be involved in pelagic whaling. He collected seal skins and oil for their commercial value to be assessed by the Hudson’s Bay Company. During the AAE, Mawson visited Macquarie Island where an oiling gang was killing southern elephant seals and royal penguins. Mawson was concerned that they were over-exploited and lobbied successfully to stop the killing. His plans for Macquarie Island included a wildlife sanctuary, with a party to supervise access, send meteorological observations to Australia and New Zealand, and be self-funded by harvesting elephant seals and penguins. Macquarie Island was declared a sanctuary in 1933. Although Mawson has been recognised as an early proponent of conservation, his views on conservation of living natural resources were inconsistent. They should be placed in their historical context: in the early twentieth century, utilisation of living natural resources was viewed more favourably than currently.

scholarly journals Nesonim Dugi otok

2017 ◽  
Vol 4 (1) ◽  
pp. 137
Author(s):  
Vlado Skračić
Keyword(s):  
19Th Century ◽  
Compound Word ◽  
Historical Maps ◽  
Place Names ◽  
Archival Documents ◽  
Almost All ◽  
The 19Th Century

Dugi otok is the only large inhabited Adriatic island both with a name composed of two words, with a Croatian name and with a noun island (Croat. otok) in it. Almost all of the linguists and historians agree that the island was first mentioned by Constantine the Porphyrogenitus (10th cent.) as Pizych, which can nowadays be recognised in place names Čuh and Čuh Polje on Dugi otok near Proversa. By the disappearance of that settlement the name was forgotten, but none of the names of newly founded settlements did not became the nesonym, as frequently occurred elsewhere in Croatian nesonymy. In the archival documents and historical maps the island is usually identified by the Romance compound word: geographical term insula/isola + determinant Magna, Maiori, Grossa, Grande, Longa. The island was named Dugi only in the latter half of the 19th century. Neither the nesonym Dugi otok, the ethnic Dugootočanin nor the ktetic dugootočki are used outside the official usage.

scholarly journals Educational Utopia? the New Zealand Standards Approach Considered in the Light of the German Experience in Vocational Training

2021 ◽  
Author(s):  
◽  
Peter Kappert
Keyword(s):  
New Zealand ◽  
Continuous Process ◽  
Historical Context ◽  
Compulsory Education ◽  
Education And Training ◽  
Federal Republic Of Germany ◽  
Learning And Teaching ◽  
Early Results ◽  
Role Players ◽  
And Training

<p>This thesis is concerned with both the direction and the appropriateness of the recently adopted standards-based approach in post-compulsory education and training in New Zealand, while particularly focusing on the implications this might have in formal post-school trades training. It evaluates the developments, the tenets, and the early results of the 'standards' movement within a socio-historical context and against the development of relevant policy formations and legislative changes. The central focus in this work is on the National Qualifications Framework, which is currently being developed under the auspices of the New Zealand Qualifications Authority. This outcomes-focussed model, and related government-initiatives, represent a radial shift away from established learning and teaching practices in New Zealand, a move which is not uncontested for both pedagogical and pragmatical reasons. An analysis of these developments is discussed with reference to those in apprenticeship training and policy in the Federal Republic of Germany, which includes the intention, as expressed by the major role players in the Republic, to develop an educational framework model. The principles, scope, and structure, as they relate to these framework models, are analysed from a comparative perspective, and certain points are highlighted. This thesis contends that despite fundamental divergence in training cultures and systems in the two countries, it is recognised that the common aim of the framework approaches is to improve the correspondence between the world of education and work as well as to enhance the educational pathways for students. This, it is argued, are commendable and valuable aims; not in the least because it has also the potential to bridge the 'vocational/academic' divide - an increasingly invalid division in modern-day societies. This is reflected in a strong focus in these framework models on the promotion, and implementation, of an integrated learning and teaching approach which is supported by the notion introduced by Michael Young that qualifying is a continuous process. This concept is now generally endorsed by the major role players in both Germany and New Zealand as being an important one, in that it is supportive of the macro aim of furthering national economic progress. The author, however, contends that educational, progress cannot simply be assumed because a new educational, or qualifications, framework is being introduced. Its foundation needs to be pedagogically sound and based on sufficient research while an (over)reliance on a single assessment strategy for application to all of post-compulsory education and training cannot be accepted as valid from an educational viewpoint. The thesis concludes with advocacy for more critical research into the NQF.</p>

scholarly journals The Urewera Notebook: Scholarly edition

2021 ◽  
Author(s):  
◽  
Rose Anna O'Rorke Plumridge
Keyword(s):  
New Zealand ◽  
Short Story ◽  
Historical Context ◽  
Social Background ◽  
Sentence Structure ◽  
Native Flora ◽  
Scholarly Edition ◽  
Photograph Albums ◽  
The Social ◽  
John Middleton Murry

<p>This thesis is a scholarly edition of Katherine Mansfield’s Urewera Notebook. The General Introduction summarises the purpose to which the notebook has been put by previous editors and biographers, as evidence for Mansfield’s happiness or unhappiness in New Zealand throughout 1906-8. It then offers an overview of the historical context in which the notebook was written, in order to demonstrate the social complexity and geographical diversity of the terrain that Mansfield covered during her 1907 camping holiday. This is followed by an analysis of Mansfield’s attitudes towards colonials, Maori and the New Zealand landscape. Mansfield’s notebook is permeated by a sense of disdain for colonials, especially when encountered as tourists, but also a fascination with ‘back-block ’settlers and a sense of camaraderie with her travelling companions. Mansfield repeatedly romanticised Maori as a noble ‘dying race’ with a mythic past, but was also insightfully observant of the predicament of Maori incontemporary colonial society. Her persistent references to European flora, fauna and ‘high culture’, and her delight in conventionally picturesque English gardens, reveal a certain disconnect from the New Zealand landscape, yet occasional vivid depictionsof the country hint at a developing facility for evokingNew Zealand through literature.In the Textual Introduction I discuss the approaches of the three prior editors of the notebook: John Middleton Murry polished, and selectively reproduced, the Urewera Notebook, to depict Mansfield as an eloquent diarist; Ian A. Gordon rearranged his transcription and couched it within an historical commentary which was interspersed with subjective observation, to argue that Mansfield was an innate short story writer invigorated by her homeland. Margaret Scott was a technically faithful transcriber who providedaccuracy at the level of sentence structure but whoseminimal scholarly apparatus has madeher edition of the notebook difficult to navigate,and has obscured what Mansfield wrote. I have re-transcribed the notebook, deciphering many words and phrases differently from prior editors. The Editorial Procedures are intended as an improvement on the editorial methods of prior editors.The transcription itself is supported by a collation of all significant variant readings of prior editions. Arunning commentary describesthe notebook’s physical composition, identifies colonial and Maori people mentioned in the text, and explains ambiguous historical and literary allusions, native flora and fauna,and expressions in Te Reo Maori. The Itinerary uses historical documents to provide a factually accurate description of the route that Mansfield followed, and revises the itinerary suggested by Gordon in 1978. A biographical register explains the social background of the camping party. This thesis is based on fresh archival research of primary history material in the Alexander Turnbull Library, legal land ownership documents at Archives New Zealand, historical newspapersand information from discussions with Warbrick and Bird family descendants.A map sourced from the Turnbull Cartography Collection shows contemporary features and settlements, with the route of the camping party superimposed. Facsimiles of pages from the notebook are included to illustrate Mansfield’s handwriting and idiosyncratic entries. Photographs have been selected from Beauchamp family photograph albums at the Turnbull, from the Ebbett Papers at the Hawke’s Bay MuseumTheatre Gallery, and from private records.</p>

scholarly journals The China-NZ FTA and Waxing Juridical

2011 ◽  
Vol 42 (2) ◽  
pp. 353
Author(s):  
Ruiping Ye ◽  
Ricarda Kesebohm
Keyword(s):  
New Zealand ◽  
Free Trade ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Legal Personality

This article considers the translation of legal personality and the use of the word juridical in the China-New Zealand Free Trade Agreement.

scholarly journals The Shafts of Strife and War: A Critical Analysis of the Immigration (Mass Arrivals) Amendment Bill

2012 ◽  
Vol 43 (4) ◽  
pp. 547 ◽  
Author(s):  
Christopher Foulkes
Keyword(s):  
New Zealand ◽  
International Law ◽  
Critical Analysis ◽  
Asylum Seekers ◽  
Legal Framework ◽  
Legal Difficulties

This article critically analyses the Immigration (Mass Arrivals) Amendment Bill 2012 currently before Parliament, which purports to deal with the potential mass arrival by sea of asylum seekers. The article first sets the legislation in its domestic and international law context as well as empirically comparing the changes with those recently enacted in Canada and Australia. The purported purposes of the legislation are examined by the article and it is seen that each of these are fraught with legal difficulties. Four major substantive changes the Bill would introduce are then outlined. In relation to the purposes of the legislation, New Zealand's domestic and international legal framework, and in comparison with similar regimes in Australia and Canada, this article concludes that the proposed New Zealand legislation is questionable in terms of both purpose and likely efficacy.

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