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  • Law as Politics: Chinese Litigants in Australian Colonial Courts

    Author(s)
    Finnane, Mark
    Griffith University Author(s)
    Finnane, Mark J.
    Year published
    2015
    Metadata
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    Abstract
    The recent historiography of the Chinese in Australia has emphasised their vigorous formation of a local identity and community even in the face of recurrent and expand-ing threats of exclusion from colonial life. In their ready embrace of legal remedies to redress what they saw as discrimination or other harms, the Chinese were exemplar colonial settlers who looked to the law to protect them. In colonial appeal courts Chinese litigants challenged migration controls, contested convictions under opium restriction and gambling laws, sought equitable outcomes in property inheritance ...
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    The recent historiography of the Chinese in Australia has emphasised their vigorous formation of a local identity and community even in the face of recurrent and expand-ing threats of exclusion from colonial life. In their ready embrace of legal remedies to redress what they saw as discrimination or other harms, the Chinese were exemplar colonial settlers who looked to the law to protect them. In colonial appeal courts Chinese litigants challenged migration controls, contested convictions under opium restriction and gambling laws, sought equitable outcomes in property inheritance and challenged exclusionary regulation under the Factory Acts. In contrast to another kind of history of the Chinese in Australian law, as defendants in criminal prosecution, this chapter draws attention to the Chinese engagement in legal remedies as an assertion of their entitlement to recognition and fair play.
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    Book Title
    Chinese Australians: Politics, Engagement and Resistance
    DOI
    https://doi.org/10.1163/9789004288553_006
    Subject
    Law
    Social Sciences
    Demography
    Ethnic Studies
    Chinese immigrants
    Australia
    Publication URI
    http://hdl.handle.net/10072/400221
    Collection
    • Book chapters

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