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Military Law in Colonial Australia (2016)
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Military Law in Colonial Australia (2016)

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Published 2016. Federation Press. Soft Cover.
This book breaks new ground in reviewing the naval and military law of the Australian colonies before their federation in 1901. Its particular focus is on the disciplinary codes contained in Acts of Parliament and subordinate legislation. A disciplinary code takes a certain form having regard to the nature of the force to which it is to apply, which in turn depends on the circumstances in which the force is raised and its proposed role. Matters dealt with include: •An examination of the colonies’ many disciplinary codes and a discussion of their adequacy. •The political development of the colonies to the stage where they were prepared to raise local forces. •The development of the British part-time forces and the British naval and military disciplinary codes, because the colonies looked to Britain for precedents for the kinds of forces they might raise and the disciplinary codes they might provide. •The various kinds of naval and military forces that the colonies experimented with. •The colonies’ responses to the withdrawal of British regular army troops in the period 1860-70. •The colonies’ responses to the reports of senior British officers sent to the colonies to advise on defence matters, including the colonial forces. •The naval and military law applying to colonial forces serving in the Sudan, the Boer War and the Boxer rebellion in China. Military Law in Colonial Australia is erudite, beautifully written and advances important new scholarship. The author, Neil Preston OAM, has provided an invaluable service to all those interested in both military history and Australian legal history. CONTENTS Preface About the Author Meanings of Terms Used 1. Establishing a penal colony 2. Loyal association: the first authentic local military force 3. Other local forces actual or proposed before 1850 4. The English experience with the raising of armed forces: a short survey to 1850 5. The struggle for responsible government and its influence on the raising of local forces 6. Background to the raising of local forces 7. Factors in the development of disciplinary codes for local forces 8. Private armies: the common law volunteers 9. The South Australian volunteers and militia 10. Embryonic permanent naval forces: 1855-1865 11. The Colonial Naval Defence Act 1865: myth and reality 12. The volunteers: attempts to improve their quality and quantity: 1858-1877 13. The Canadian and New Zealand experience after being granted responsible government 14. The raising of colonial permanent forces – the early 1870s 15. The Jervois reviews and consequent changes: 1877-1885 16. A trend towards coordinated action: 1883-1900 17. Aid to the civil power 18. Summary and conclusions Appendixes 2A Loyal association: disciplinary regulations 4A Details of the raising of additional troops by Charles II and James II and of actions by James which contributed to his overthrow 4B Details of English militia and volunteers law: 1757-1815 10A A note on the Indian navy 11A Suggested clauses appropriate for inclusion in a colonial Act intended to accord with the Colonial Naval Defence Act 1865 (Eng) 12A The governor as commander-in-chief 15A Tasmania: summary of offences prescribed in regulations made in 1884 under the Military Discipline Act 1878 18A Table showing the sources of certain colonial Acts 18B Example of modifications of the English naval code Select bibliography Abbreviations Notes Index
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