Tuesday, April 29, 2025

Byrne on Innovation in NSW Courts

Paula Jane Byrne has published, open access and online, in Law and History review, Innovation in the Courts: Ellis and Jeffery Hart Bent in New South Wales—an Analysis of Minute Books:

Close reading of documents produced by the early courts in New South Wales show two young men, formerly barristers at the Northern Assizes, innovating in their court rooms. Such innovation derived from their merchant background rather than the traditions of mercy or paternalism of the Assizes. In such innovations colonial agents were empowered and could shape the workings of the courts themselves. Minutes of the court show the impact of new kinds of elites generated by wealth built on slavery on the courts in the colonies and the subsequent flowering of subcultures.

--Dan Ernst