Misplaced Traditions
British lawyers, colonial peoples
Edited by Rob McQueen & W. Wesley Pue
Published by The Federation Press
Law in Context  -  Volume 16 No 1  

The introduction of British law into the colonies that constituted the British Empire during the zenith of colonialism in the eighteenth and nineteenth century was a crucial part of the ‘civilizing project’ of the colonizing power.

However, the importation of British law and its traditions created tensions which were played out differently in far-flung places. This area takes on a fresh importance in the face of the many contemporary debates in former British colonies regarding the status of their political and social institutions and social and legal practices.

Current debates on republicanism in Australia, constitutionalism in Canada, the meaning (for the legal system) of the re-unification of Hong Kong with mainland China, controversies in respect to the appropriateness of retaining legal structures inherited from the colonial past in places such as Malaysia, the West Indies and India are all issues which raise the complexities of dealing with a colonial past in the present.

Part and parcel of this post colonial questioning of the legal systems under which they operate is also a questioning of the appropriate ‘traditions’ for the legal profession. To what degree is the preservation of ‘traditions' that have been inherited from a colonial past an important factor in maintaining the integrity of the legal system and the profession? To what degree does a new vision of both the legal system and the profession need to be formulated to accommodate the needs of the post colonial present? Do the pressures of globalization represent a greater threat to inherited `traditions’ than the threat posed by the process of constructing new (post colonial) national identities and traditions which are not contaminated by the colonial past?

The contributors to this volume deal with many of the questions raised above (either directly or obliquely). These contributors address a range of issues relating to British legal professions “out of place” in five former British colonies: Hong Kong, South Africa, Australia, Trinidad & Tobago, and Canada.


Contents of Misplaced Traditions:

Misplaced Traditions: British Lawyers, Colonial Peoples  -     Rob McQueen and W Wesley Pue

A Convict Conservative: George Crossley and the English Legal Tradition  -        Bruce Kercher

Of Wigs and Gowns: A Short History of Legal and Judicial Dress in Australia  -     Rob McQueen

The Lawyers’ Self: Sketches on Establishing a Professional Identity in South Africa 1900-1925  -  Martin Chanock

British Masculinities, Canadian Lawyers: Canadian Legal Education 1900-1930  -  W Wesley Pue

The Legal Profession and the Transfer of Sovereignty: Hong Kong  -  Jill Cottrell and Yash Ghai

Context and Dominion: The Law in Independent Trinidad and Tobago  -    Kusha Haraksingh


Pricing Details: Misplaced Traditions is Volume 16 No 1 of the Law in Context Series. It may be purchased separately from the remaining volumes or purchased as part of a subscription. ISSN No for the journal is 0811 5796. Separate Purchase of Volume 16 No 1:  Volume 16 No 1 is available for Aust$30.00. Subscription prices for Volume 16 (No 1 and No 2) are:  Aust/NZ Individuals Aust$40.00; Elsewhere in the world Aust$52.00;  Aust/NZ Institutions Aust $50.00; Elsewhere in the world Aust$65.00