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Justice Legality and the Rule of Law Lessons from the Pitcairn Prosecutions 1st Edition by Dawn Oliver ISBN 0199568669 9780199568666

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Justice Legality and the Rule of Law Lessons from the Pitcairn Prosecutions 1st Edition Dawn Oliver Digital Instant Download

Author(s): Dawn Oliver
ISBN(s): 9780199568666, 0199568669
Edition: 1
File Details: PDF, 1.33 MB
Year: 2009
Language: english
SKU: EB-5674718 Categories: , Tag:

Justice Legality and the Rule of Law Lessons from the Pitcairn Prosecutions 1st Edition by Dawn Oliver – Ebook PDF Instant Download/Delivery: 0199568669, 9780199568666
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ISBN 10: 0199568669 
ISBN 13: 9780199568666
Author: Dawn Oliver

A British colony of fifty souls in the Pacific Ocean, Pitcairn Island was settled by the Bounty mutineers and nineteen Polynesians in 1790. In 2004 six Pitcairn men were convicted of numerous offences against girls and young women, committed over a thirty year period, in what appears to have been a culture of sexual abuse on the island. This case has raised many questions: what right did the British government have to initiate these prosecutions? Was it fair to prosecute the defendants, given that no laws had been published on the island? Indeed, what, if any, law was there on this island? This collection of essays explores the many important issues raised by the case and by the situation of a small, isolated community of this kind. It starts by looking at the background to the prosecutions, considering the dilemma that faced the British government when the abuse was uncovered, and discussing the ways in which the judges dealt with the case, as well as exploring the history of the settlement and how colonial law affects it. This background paves the way for an exploration of the philosophical, jurisprudential, and ethical issues raised by the prosecutions: was it legitimate for the UK to intervene, given the absence of any common community between the UK and the island? Was the positivist ‘law on paper’ approach adopted by the British government and the courts appropriate, especially given the lack of promulgation of the laws under which the men were prosecuted? Would alternative responses such as payment of compensation to the female victims and provision of community support have been preferable? And should universal human rights claims justify the prosecutions, overriding any allegations of cultural relativism on the part of the UK?

Justice Legality and the Rule of Law Lessons from the Pitcairn Prosecutions 1st Table of contents:

1. Problems on Pitcairn
A Thought Experiment
The Government and Governance of the Island
‘Operation Unique’: Investigation of Alleged Offences
Trials and Convictions
The Next Chapters
2. The Pitcairn Prosecutions, Paper Legal Systems, and the Rule of Law
Steven Raymond Christian and Others v The Queen in the Judicial Committee of the Privy Council
The Colonial Status of Pitcairn
The Machinery of Justice Points
Legality and the Rule of Law
Reflections
And Afterwards …
3. Pitcairn’s Tortured Past: A Legal History
The Settlement: 1790–1814
A savage society
A biblical monarchy
Recognition: 1814–56
Intervention: 1856–98
Settled Government: 1898–Present
Conclusion
4. Pitcairn Island Law: A Peculiar Case of the Diffusion of the Common Law
The History of the Sources of Law in Pitcairn
The law originally in force in Pitcairn
Legal development after the original settlement
The Abuse of Process Issue
A Concluding Comment
5. The Pitcairn Prosecutions: An Assessment of Their Historical Context by Reference to the Provisio
Jurisdiction: A Brief Conceptual Analysis
On Territorial Acquisition
Sovereign Title and Sovereign Obligations
Concluding Reflections
6. ‘A Million Mutinies Now’: Why Claims of Cultural Uniqueness Cannot be Used to Justify Violations
Narrating Pitcairn
The alleged failure to respect the uniqueness of Pitcairn
The incoherence of the cultural narrative and the reality of the sexual abuse that occurred on Pitca
The distorting influence of the emphasis on Pitcairn’s isolation
‘Cultural’ Arguments in Relation to Pitcairn
Minority group rights claims
‘Cultural defence’ claims
‘Cultural relativism’ claims
The Dangers of Exaggerated Respect for ‘Culture’
Conclusion
7. Rights and Duties on Pitcairn Island
Cultural Relativism, Universality, and Blameworthiness
Legal Positivism and Natural Law
Legality and Community
Conclusion
8. Legality, Reciprocity, and the Criminal Law on Pitcairn
Crown Jurisdiction in Pitcairn: Community and Legal Theory
Mala in se
The importance of promulgation
Promulgation and ignorantia
Two values of promulgation and legal positivism
Return to Pitcairn
Fairness
The Limits of Criminal Law
Rights of victims
The value of certainty in the criminal law
Summary and Conclusion
Afterword
How are Islands Made?
Speculations
Comparisons

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