A History of Australian Tort Law 1901–1945: England's Obedient Servant? (Law in Context)

By: Mark Lunney

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Synopsis: Little attention has been paid to the development of Australian private law throughout the first half of the twentieth century. Using the law of tort as an example, Mark Lunney argues that Australian contributions to common law development need to be viewed in the context of the British race patriotism that characterised the intellectual and cultural milieu of Australian legal practitioners. Using not only primary legal materials but also newspapers and other secondary sources, he traces Australian developments to what Australian lawyers viewed as British common law. The interaction between formal legal doctrine and the wider Australian contexts in which that doctrine applied provided considerable opportunities for nuanced innovation in both the legal rules themselves and in their application. This book will be of interest to both lawyers and historians keen to see how notions of Australian identity have contributed to the development of an Australian law. Places twentieth-century Australian tort law development in the context of British race patriotism. Recognises the cultural and intellectual environment in which Australian lawyers operated and how this environment influenced their perceptions of their contribution. Provides a new account of the relationship between general conceptions of national identity and the development of an Australian law; in particular, how far Australian law differed from the English common law it was assumed to follow.