a simple nullity

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A Simple Nullity

Author : David V. Williams
ISBN : 9781869407445
Genre : History
File Size : 49. 79 MB
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David V. Williams takes a fresh look at the notorious Wi Parata case - the protagonists, the origins of the dispute, the years of legal back and forth - affording new insights into both Maori-Pakeha relations in the nineteenth century and the legal position of the Treaty of Waitangi. In 1877, the New Zealand Supreme Court decided a case, Wi Parata v Bishop of Wellington, that centred on the ownership and use of the Whitireia Block, near Porirua. Ngati Toa had given this land to the Anglican Church for a college that was never built. In the course of refusing to inquire into the ownership of the block, the judges dismissed the relevance of the Treaty of Waitangi: 'So far indeed as that instrument purported to cede the sovereignty - a matter with which we are not directly concerned - it must be regarded as a simple nullity.' Over the past twenty-five years, judges, lawyers and commentators have castigated this 'simple nullity' view of the Treaty. The 'infamous' case has been seen as symbolic of the neglect of Maori rights by settlers, government and the law in New Zealand. The factual background to the Wi Parata case, Williams argues, tells us much about nineteenth-century Maori acting as they thought best for their people and about debates in Pakeha jurisprudence over the recognition or rejection of customary Maori rights. Behind the apparent dismissal of the Treaty as a 'simple nullity' lay deep arguments about the place of Maori and Pakeha in Aotearoa New Zealand. Those arguments are as relevant now as they were then

A Chief Justice Prendergast Ruled The Treaty Of Waitangi A Simple Nullity

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ISBN : 0473402602
Genre :
File Size : 54. 43 MB
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The Grand Experiment

Author : Hamar Foster
ISBN : 9780774858557
Genre : Law
File Size : 38. 1 MB
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The essays in this volume reflect the exciting new directions in which legal history in the settler colonies of the British Empire has developed. The contributors show how local life and culture in selected settlements influenced, and was influenced by, the ideology of the rule of law that accompanied the British colonial project. Exploring themes of legal translation, local understandings, judicial biography, and "law at the boundaries," they examine the legal cultures of dominions in Canada, Australia, and New Zealand to provide a contextual and comparative account of the "incomplete implementation of the British constitution" in these colonies.

Brownson S Quarterly Review

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ISBN : UCBK:C022660279
Genre : Christianity
File Size : 81. 45 MB
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Intercultural Dispute Resolution In Aboriginal Contexts

Author : Catherine Bell
ISBN : 9780774859981
Genre : Law
File Size : 44. 75 MB
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In the last twenty years, there has been a growing interest in alternative dispute resolution (ADR), as scholars and practitioners seek more effective, context-sensitive approaches to conflict. Where formerly conflict was tackled and "resolved" in formal legal settings and with an adversarial spirit, more conciliatory approaches -- negotiation, mediation, problem-solving, and arbitration -- are now gaining favour. These new methods are proving especially appropriate in intercultural contexts, particularly for Aboriginal land claims, self-government, and community-based disputes. The essays collected here by Catherine Bell and David Kahane provide a balanced view of ADR, exploring its opportunities and effectiveness alongside its challenges and limits. The essays are international in scope, with examples of efforts at dispute resolution involving Inuit and Arctic peoples, Dene, Gitxsan and Wet'suwet'en, Tsuu T'ina, Cree, Metis, Navajo, Maori, Aboriginal Australians, and Torres Strait Islanders. With contributions from Aboriginal and non-Aboriginal theorists and practitioners, Intercultural Dispute Resolution in Aboriginal Contexts presents an array of insightful perspectives. This book will appeal to students and scholars of Aboriginal law and alternative dispute resolution; legal and political theorists; dispute resolution practitioners; and anyone involved in struggles around land claims, treaty, and self-government agreements in Canada or abroad.

Asia Pacific Between Conflict And Reconciliation

Author : Phillip Tolliday
ISBN : 9783647560250
Genre : Political Science
File Size : 49. 73 MB
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This third volume in the RIPAR series seeks to translate the Western concept of reconciliation into a universal and thus non-Western idiom. It unmasks some of the long-held and unresolved injustices in Australasia and the Asian-Pacific region. The volume focuses on promising examples of reconciliation processes and practices. These include comparative case study analyses e.g. from Cambodia, Myanmar, Sri Lanka, Korea, Indonesia, China, Japan and from New Zealand and Australia as well as the U.S. and Germany. The contributions demonstrate the potential of translating reconciliation into a non-Western idiom. Written by highly reputed experts from related research fields, the articles demonstrate how the past still exercises a pervasive influence over the present, and also point out the ways in which reconciliation may serve as a transformative tool in war and post-war societies as they make the transition to a renewed collective identity. A perennial challenge is to ensure that a tragic past does not determine the future. Asia, so often seen from a Eurocentric perspective as exotic, other and different, is now manifestly an economic and political powerhouse – shaped by the West, it is now playing its part in shaping the West. Asia’s destiny, its aspirations for just dealings among its neighbors, for the unmasking and resolution of long-held historical injustices from the past, for its sometimes tentative groping toward practices of reconciliation rather than conflict: all these efforts have consequences not just for the Asian nations but for the entire international community.

The Collected Mathematical Papers Of James Joseph Sylvester

Author : James Joseph Sylvester
ISBN : 9781107644182
Genre : Mathematics
File Size : 52. 73 MB
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James Joseph Sylvester (1814-97) was an English mathematician who made key contributions to numerous areas of his field and was also of primary importance in the development of American mathematics, both as inaugural Professor of Mathematics at Johns Hopkins University and founder of the American Journal of Mathematics. Originally published in 1912, this book forms the fourth in four volumes of Sylvester's mathematical papers, covering the period from 1882 to 1897. Together these volumes provide a comprehensive resource that will be of value to anyone with an interest in Sylvester's theories and the history of mathematics.

Colonial Frontiers

Author : Lynette Russell
ISBN : 0719058597
Genre : History
File Size : 25. 70 MB
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This wide-ranging collection explores the formation, structure, and maintenance of boundaries and frontiers in settler colonies. Looking at cross-cultural interactions in the settler colonies of Australia, New Zealand, South Africa, and America. the contributors illuminate the formation of new boundaries and the interaction between settler societies and indigenous groups.

Great Russian Short Stories

Author : Paul Negri
ISBN : 9780486112244
Genre : Fiction
File Size : 32. 71 MB
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Twelve powerful works of fiction, including Pushkin's "The Overcoat," "Twenty-Six Men and a Girl" by Gorky, and "How Much Land Does a Man Need?" by Tolstoy, plus works by Gogol, Turgenev, more.

The Nullity Of The Romish Fatih

Author : Matthew Poole
ISBN : UCD:31175035159071
Genre :
File Size : 80. 51 MB
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