scholarly journals Taking the Stand: Women as Witnesses in New Zealand’s Colonial Courts c.1840-1900

2021 ◽  
Author(s):  
◽  
Elizabeth Bowyer
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Justice System ◽  
Political Representation ◽  
Legal Tradition ◽  
Public Places ◽  
Native Land ◽  
Divorce Law ◽  
History Of ◽  
The Law

<p>The study considers women as witnesses in New Zealand’s colonial courts from c.1840 to 1900. An analysis of women as witnesses adds another dimension to what is known about the everyday but often compelling presence of women in New Zealand’s colonial courts. In 1840 British law was formally implemented in Aotearoa/New Zealand. The law’s institutional structures would soon follow. In 1841 the Supreme Court was established followed by the Resident Magistrate Courts in 1846. The courts were a part of formal British governance. While women were excluded from serving as judges, barristers, solicitors, court officials and jury members, they did appear before the courts as victims, defendants, spectators and witnesses. Being a witness was the only form of verbal participation women could undertake in the court processes during the nineteenth century.   Existing scholarly work has tended to concentrate on women appearing in the courts in the nineteenth century as victims or defendants. This study explores the complex agency of women using the law and as active participants in its deliberations. Four substantive chapters consider women as witnesses in cases involving petty offences, violent crime, civil cases and the Native Land Court and finally cases of divorce, bigamy and action of breach of promise of marriage.   Courts were significant public places in colonial New Zealand. They were places where disputes were settled, grievances could be aired, conduct was put on trial and order was maintained. A long established element of the legal tradition was that unprejudiced and fair justice could only be assured if the courts were open and public spaces. Thus, the witness stand was a place where women had a public voice.   Women’s eligibility to appear as witnesses in the court changed over the period under study. In 1840 when British law formally arrived in New Zealand women were restricted in the cases and circumstances in which they could take the stand. Wives were unable to give evidence in cases involving their husbands. From 1843 to 1889 gradual changes to evidence law allowed women to take the stand in different ways and by 1900 women appeared as witnesses in case types ranging from civil actions to the most violent offences in the criminal law. Changes in married women’s property law in 1860, and more significantly in 1884 and divorce law from 1867 generally extended the number and kind of cases in which women gave testimony in the courts. From the 1860s the Native Land Court became a familiar place for many Māori women forced to resort to the Court to establish title over land. Evidence suggests women’s knowledge of whakapapa and the oral histories of iwi and hapū were vital on the witness stand to ‘prove’ their link with land.   The study shows the variety of ways in which the courts were places where women spoke on a public stage, and where their words were often recorded and reported on as part of the official proceedings of the justice system. As witnesses they were also in courtrooms where they watched and were watched in a public domain and their words were heard long before they had any say in political representation. Once women had the vote, from 1893, they were eager to reform the justice system: seeking the opportunity for women to serve on juries, to serve as police, to qualify as lawyers, and in reforming the most egregious injustices such as the differential grounds for wives and husbands to petition for divorce. The application of the law, and the making of the law, proved uneven but had closely interrelated phases in the history of women in colonial New Zealand.</p>

scholarly journals Taking the Stand: Women as Witnesses in New Zealand’s Colonial Courts c.1840-1900

2021 ◽  
Author(s):  
◽  
Elizabeth Bowyer
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Justice System ◽  
Political Representation ◽  
Legal Tradition ◽  
Public Places ◽  
Native Land ◽  
Divorce Law ◽  
History Of ◽  
The Law

<p>The study considers women as witnesses in New Zealand’s colonial courts from c.1840 to 1900. An analysis of women as witnesses adds another dimension to what is known about the everyday but often compelling presence of women in New Zealand’s colonial courts. In 1840 British law was formally implemented in Aotearoa/New Zealand. The law’s institutional structures would soon follow. In 1841 the Supreme Court was established followed by the Resident Magistrate Courts in 1846. The courts were a part of formal British governance. While women were excluded from serving as judges, barristers, solicitors, court officials and jury members, they did appear before the courts as victims, defendants, spectators and witnesses. Being a witness was the only form of verbal participation women could undertake in the court processes during the nineteenth century.   Existing scholarly work has tended to concentrate on women appearing in the courts in the nineteenth century as victims or defendants. This study explores the complex agency of women using the law and as active participants in its deliberations. Four substantive chapters consider women as witnesses in cases involving petty offences, violent crime, civil cases and the Native Land Court and finally cases of divorce, bigamy and action of breach of promise of marriage.   Courts were significant public places in colonial New Zealand. They were places where disputes were settled, grievances could be aired, conduct was put on trial and order was maintained. A long established element of the legal tradition was that unprejudiced and fair justice could only be assured if the courts were open and public spaces. Thus, the witness stand was a place where women had a public voice.   Women’s eligibility to appear as witnesses in the court changed over the period under study. In 1840 when British law formally arrived in New Zealand women were restricted in the cases and circumstances in which they could take the stand. Wives were unable to give evidence in cases involving their husbands. From 1843 to 1889 gradual changes to evidence law allowed women to take the stand in different ways and by 1900 women appeared as witnesses in case types ranging from civil actions to the most violent offences in the criminal law. Changes in married women’s property law in 1860, and more significantly in 1884 and divorce law from 1867 generally extended the number and kind of cases in which women gave testimony in the courts. From the 1860s the Native Land Court became a familiar place for many Māori women forced to resort to the Court to establish title over land. Evidence suggests women’s knowledge of whakapapa and the oral histories of iwi and hapū were vital on the witness stand to ‘prove’ their link with land.   The study shows the variety of ways in which the courts were places where women spoke on a public stage, and where their words were often recorded and reported on as part of the official proceedings of the justice system. As witnesses they were also in courtrooms where they watched and were watched in a public domain and their words were heard long before they had any say in political representation. Once women had the vote, from 1893, they were eager to reform the justice system: seeking the opportunity for women to serve on juries, to serve as police, to qualify as lawyers, and in reforming the most egregious injustices such as the differential grounds for wives and husbands to petition for divorce. The application of the law, and the making of the law, proved uneven but had closely interrelated phases in the history of women in colonial New Zealand.</p>

scholarly journals Rethinking nineteenth-century literary culture: British worlds, southern latitudes and hemispheric methods

2021 ◽  
pp. 002198942098201
Author(s):  
Sarah Comyn ◽  
Porscha Fermanis
Keyword(s):  
South Africa ◽  
Nineteenth Century ◽  
New Zealand ◽  
Literary Culture ◽  
Settler Colonialism ◽  
Indigenous Studies ◽  
Literary Cultures ◽  
History Of ◽  
Literary Canons ◽  
Methodological Position

Drawing on hemispheric, oceanic, and southern theory approaches, this article argues for the value of considering the nineteenth-century literary cultures of the southern settler colonies of Australia, New Zealand, and South Africa from within an interconnected frame of analysis. First, because of their distinctive historical and structural conditions; second, because of the density of their interregional networks and relations across intersecting oceanic spaces; and third, because of the long history of racialized imperialist imaginaries of the south. This methodological position rethinks current approaches to “British world” studies in two important ways: first, by decoupling the southern settler colonies from studies of settler colonialism in North America; and second, by rebalancing its metropolitan and northern locus by considering south-south networks and relations across a complex of southern islands, oceans, and continents. Without suggesting either that imperial intercultural exchanges with Britain are unimportant or that there is a culturally homogenous body of pan-southern writing, we argue that nineteenth-century literary culture from colonial Australia, New Zealand, and South Africa — what we call a “southern archive” — can provide a counterbalance to northern biases and provide new purchase on nation-centred literary paradigms — one that reveals not just south-south transnational exchanges and structural homologies between southern genres, themes, and forms, but also allows us to acknowledge the important challenges to foundational accounts of national literary canons initiated by southern theory and Indigenous studies scholars.

Literary Contributions of Catholics in Nineteenth-Century Mexico

1944 ◽  
Vol 1 (2) ◽  
pp. 179-206
Author(s):  
Francis Borgia Steck
Keyword(s):  
Nineteenth Century ◽  
Mexican Literature ◽  
Native Land ◽  
Half Century ◽  
History Of ◽  
The Church

Two Poets, both laymen, stand out like brilliant stars on Mexico’s firmament, shedding the luster of the faith they loyally professed on the land they loved with equal loyalty, unfolding for Mexico’s glory the wealth of their poetic genius at a time when the storm clouds were gathering visibly and days of gloom and sorrow lowered over the Church and the faith to which their native land owed so much of her high and enviable culture. The two laymen in question are Manuel Carpio, who died in 1860, and José Joaquín Pesado, whose death occurred a year later. It is generally granted that Carpio and Pesado will always be cited in the history of Mexican literature as the leading revivers and exponents of classicism in their native land, without breaking away completely from the more popular and appealing forms of romanticism. It may be said that, as classicists, Carpio and Pesado took up and brought to fruition the movement begun by Martinez de Navarette and Sánchez de Tagle a half century earlier.

scholarly journals Soldiers & Colonists: Imperial Soldiers as Settlers in Nineteenth-Century New Zealand

2021 ◽  
Author(s):  
◽  
John McLellan
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
British Empire ◽  
Settler Colonialism ◽  
Land Grants ◽  
Family Networks ◽  
History Of ◽  
First Arrival ◽  
Government Records ◽  
Decision To Stay

<p>The approximately 18,000 imperial troops who arrived in New Zealand with the British regiments between 1840 and 1870 as garrison and combat troops, did not do so by choice. However, for the more than 3,600 non-commissioned officers and rank and file soldiers who subsequently discharged from the army in New Zealand, and the unknown but significant number of officers who retired in the colony, it was their decision to stay and build civilian lives as soldier settlers in the colony. This thesis investigates three key themes in the histories of soldiers who became settlers: land, familial relationships, and livelihood. In doing so, the study develops an important area of settler colonialism in New Zealand history. Discussion covers the period from the first arrival of soldiers in the 1840s through to the early twentieth century – incorporating the span of the soldier settlers’ lifetimes. The study focuses on selected aspects of the history of nineteenth-century war and settlement.  Land is examined through analysis of government statutes and reports, reminiscences, letters, and newspapers, the thesis showing how and why soldier settlers were assisted on to confiscated and alienated Māori land under the Waste Lands and New Zealand Settlement Acts. Attention is also paid to documenting the soldier settlers’ experiences of this process and its problems. Further, it discusses some of the New Zealand settlements in which military land grants were concentrated. It also situates such military settlement practices in the context of the wider British Empire.  The place of women, children, and the regimental family in the soldier settlers’ New Zealand lives is also considered. This history is explored through journals, reminiscences, biography and newspapers, and contextualised via imperial and military histories. How and where men from the emphatically male sphere of the British Army met and married women during service in New Zealand is examined, as are the contexts in which they lived their married lives. Also discussed are the contrasting military and colonial policies towards women and marriage, and how these were experienced by soldier settlers and their families.  Lastly, the livelihood of soldier settlers is explored – the thesis investigating what sort of civilian lives soldier settlers experienced and how they made a living for themselves and their families. Utilising newspapers, reminiscences, biography, and government records the diversity of work army veterans undertook in the colony is uncovered. Notable trends include continued military-style roles and community leadership. The failed farming enterprise is also emphasised. Going further, it offers analysis of the later years of life and the different experiences of soldier settlers in their twilight years, particularly for those with and without family networks in the colony. The thesis challenges the separation between ‘war’ and ‘settlement’ by focusing on a group whose history spanned both sides of the nineteenth-century world of colony and empire.</p>

scholarly journals A Legal History of the New Zealand Jury Service - Introduction, Evolution, and Equality?

1999 ◽  
Vol 29 (2) ◽  
pp. 283
Author(s):  
Michèle Powles
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Legal System ◽  
Legal History ◽  
Race And Gender ◽  
Jury Service ◽  
History Of ◽  
Jury System ◽  
And Gender ◽  
Service Introduction

This article traces the development of the New Zealand jury system. Most noteworthy in thisdevelopment has been the lack of controversy the system has created. At the end of the nineteenth century, however, the pursuit of equality in the legal system generally led to debate and reform of juries in relation to representation, race and gender.

scholarly journals Women's Experiences of the Justice System

1997 ◽  
Vol 27 (4) ◽  
pp. 649
Author(s):  
J Morris
Keyword(s):  
New Zealand ◽  
Justice System ◽  
Access To Justice ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
The Law ◽  
The Impact ◽  
Law Commission

This article considers the impact of gender upon women's experiences of the New Zealand justice system, as lawyers and clients. As well as summarising study and survey material, it draws upon information provided to the Law Commission in the course of its project on Women's Acces to Justice: He Putanga mo nga Wahine ki te Tika. It concludes that women are still significantly disadvantaged by the justice system as a result of their gender and that there is an ongoing need for debate and consideration of these issues if women's access to justice is to be improved.

Affect and the history of masculinities

2014 ◽  
Vol 14 (1) ◽  
pp. 28-40 ◽  
Author(s):  
Chris Brickell
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Design Methodology ◽  
Social Connectedness ◽  
Late Nineteenth Century ◽  
Close Attention ◽  
Content Type ◽  
Relational Quality ◽  
History Of ◽  
Late Nineteenth

Purpose – Many scholarly disciplines are currently engaged in a turn to affect, paying close attention to emotion, feeling and sensation. The purpose of this paper is to locate affect in relation to masculinity, time and space. Design/methodology/approach – It suggests that historically, in a range of settings, men have been connected to one another and to women, and these affective linkages tells much about the relational quality and texture of historically experienced masculinities. Findings – Spatial settings, in turn, facilitate, hinder and modify expressions and experiences of affect and social connectedness. This paper will bring space and time into conversation with affect, using two examples from late nineteenth-century New Zealand. Originality/value – If masculinities scholars often focus on what divides men from women and men from each other, the paper might think about how affect connects people.

How violent was eighteenth-century Ireland?

1997 ◽  
Vol 30 (119) ◽  
pp. 377-392 ◽  
Author(s):  
Neal Garnham
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Everyday Life ◽  
Recent Book ◽  
Ethnic Conflicts ◽  
Popular Protest ◽  
Ancient Regime ◽  
History Of ◽  
Typical Part ◽  
The Law

In his recent book dealing with the history of duelling in Ireland, James Kelly comes to the conclusion that eighteenth-century Ireland was essentially ‘a violent society’, peopled at least in part ‘by wilful men who put their individual reputations above their lives, their families, their religion, and the law’. Such comments seem to continue a well-established tradition of interpretation that goes back to the nineteenth century. However, this image of a society in which violence was endemic, and conflict a feature of everyday life, has not gone unquestioned by historians. For example, Thomas Bartlett and Sean Connolly have instead noted the relatively controlled nature of popular protest, the early disappearance of banditry, and the reliance, until the very end of the century, on local enforcement of the law, as possible indications that Ireland may not have been as disorderly a society as has been suggested. These differing interpretations have, in turn, an obvious relevance to the wider debate on how eighteenth-century Ireland should be perceived: as a society irreconcilably and uniquely divided by religious and ethnic conflicts, or as a more or less typical part of the European ancient régime.

Maori and Alcohol: A Reconsidered History

2000 ◽  
Vol 34 (1) ◽  
pp. 129-134 ◽  
Author(s):  
Peter C. Mancall ◽  
Paul Robertson ◽  
Terry Huriwai
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Historical Record ◽  
Historical Records ◽  
European Contact ◽  
History Of ◽  
Alcohol Related Harm ◽  
Potential Use ◽  
Related Harm ◽  
Different Parts

Objective: To document aspects of the history of alcohol use among Maori, with a particular focus on the period from 1840 to 1872 and to identify potential use of this knowledge in the development of strategies for the prevention and treatment of alcohol-related harm among Maori in contemporary New Zealand. Method: A survey of the surviving documentation about alcohol in nineteenth-century New Zealand; materials were predominantly drawn from the writings of pakeha (non-Maori) missionaries, officials and travellers, as well as available statistical records. Results: Analysis of early written historical records suggests significant variation in the response of Maori to the introduction of alcohol in different parts of New Zealand during the period following European contact. Conclusions: One stereotype that has arisen suggests Maori have been incapable of and/or unable to manage the production and use of alcohol. On the other hand, another commonly held belief has been that Maori supported abstinence or ‘resisted alcohol’ because they recognised its ‘ruinous nature’ and because it was contrary to traditional custom and practices. Historical information indicates that the Maori response to the introduction of alcohol was in fact diverse and for much of the nineteenth century alcohol was non-problematic for many Maori. This reinterpretation of the historical record can potentially empower contemporary Maori to take greater responsibility for the use of alcohol. It also challenges the negativity of the stereotypes generated by historical misinformation.

THE RACIAL HISTORY OF CRIMINAL JUSTICE IN AMERICA

2019 ◽  
Vol 16 (1) ◽  
pp. 221-241
Author(s):  
Heather Ann Thompson
Keyword(s):  
Native American ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The United States ◽  
Indigenous Populations ◽  
Incarceration Rate ◽  
Racial History ◽  
History Of ◽  
The Law

AbstractThe United States today has the highest incarceration rate, as well as the largest number of people living under correctional control more broadly (including probation and parole), than any other country on the globe. The size of the American criminal justice system is not only internationally unparalleled, but it is also historically unprecedented. This apparatus is also deeply racialized. African Americans, Latinos, and indigenous populations (Hawaiian, Puerto Rican, Native American), are all represented in U. S. jails and prisons in numbers dramatically disproportionate to their representation in the population as a whole, and every non-White population is incarcerated at a rate far surpassing that of Whites. Notably, however, while the scale of today’s criminal justice system is unsurpassed and unprecedented, its severe racial disproportionality has always been a defining feature. Only by taking a close look at the long and deeply racialized history of the American criminal justice system, and more specifically at the regularly discriminatory application of the law as well as the consistent lack of equal justice under the law over time, can we fully understand not only why the American criminal justice system remains so unjust, but also why prison populations rose so dramatically when they did.

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