Jeremy Bentham and Australia is a collection of scholarship inspired by Bentham’s writings on Australia. These writings are available for the first time in authoritative form in Panopticon versus New South Wales and other writings on Australia, a volume in The Collected Works of Jeremy Bentham published by UCL Press. In the present collection, a distinguished group of authors reflect on Bentham’s Australian writings, making original contributions to existing debates and setting agendas for future ones. In the first part of the collection, the works are placed in their historical contexts, while the second part provides a critical assessment of the historical accuracy and plausibility of Bentham’s arguments against transportation from the British Isles. In the third part, attention turns to Bentham’s claim that New South Wales had been illegally founded and to the imperial and colonial constitutional ramifications of that claim. Here, authors also discuss Bentham’s work of 1831 in which he supports the establishment of a free colony on the southern coast of Australia. In the final part, authors shed light on the history of Bentham’s panopticon penitentiary scheme, his views on the punishment and reform of criminals and what role, if any, religion had to play in that regard, and discuss apparently panopticon-inspired institutions built in the Australian colonies. This collection will appeal to readers interested in Bentham’s life and thought, the history of transportation from the British Isles, and of British penal policy more generally, colonial and imperial history, Indigenous history, legal and constitutional history, and religious history.

Jeremy Bentham – philosopher, theorist of law and of the art of government – was among the most influential figures of the early nineteenth century, and the approach he pioneered – utilitarianism – remains central to the modern world. In this new introduction to his ideas, Michael Quinn shows how Bentham sought to be an engineer or architect of choices and to illuminate the methods of influencing human conduct to good ends, by focusing on how people react to the various physical, legal, institutional, normative and cultural factors that confront them as decision-makers. Quinn examines how Bentham adopted utility as the critical standard for the development and evaluation of government and public policy, and explains how he sought to apply this principle to a range of areas, from penal law to democratic reform, before concluding with an assessment of his contemporary relevance. He argues that Bentham simultaneously sought both to facilitate the implementation of governmental will and to expose misrule by rendering all exercises of public power transparent to the public on whose behalf it was exercised. This book will be essential reading for any student or scholar of Bentham, as well as those interested in the history of political thought, philosophy, politics, ethics and utilitarianism.

A cryptodemocracy is cryptographically-secured collective choice infrastructure on which individuals coordinate their voting property rights. Drawing on economic and political theory, a cryptodemocracy is a more fluid and emergent form of collective choice. This book examines these theoretical characteristics before exploring specific applications of a cryptodemocracy in labor bargaining and corporate governance. The analysis of the characteristics of a more emergent and contractual democratic process has implications for a wide range of collective choice.

Deploying empirical studies spanning from early Imperial China to the present day, 17 scholars from across the globe explore the history of surveillance with special attention to the mechanisms of power that impel the concept of surveillance in society. By delving into a broad range of historical periods and contexts, the book sheds new light on surveillance as a societal phenomenon, offering 10 in-depth, applied analyses that revolve around two main questions: • Who are the central actors in the history of surveillance? • What kinds of phenomena have been deemed eligible for surveillance, for example, information flows, political movements, border-crossing trade, interacting with foreign states, workplace relations, gender relations, andsexuality?

Historians typically regard the British Empire as a state project aided by corporations. Philip Stern turns this view on its head, arguing that corporations drove colonial expansion and governance, creating an overlap between sovereign and commercial power that continues to shape the relationship between nations and corporations to this day.

Utilitarianism – a commitment to ‘the greatest happiness for the greatest number’ – has been the target of endless opposition. According to its critics, it ignores the separateness of persons, cannot secure the protections of basic rights, demands extreme sacrifice, can justify anything – the list goes on. It has been implicated in the horrors of settler colonialism, imperialism, and racial capitalism, both historically and today, as the neoliberal world order faces a profound legitimation crisis. Bart Schultz argues that utilitarian philosophy must be decolonized and reimagined for the current moment: a time of new and looming existential threats, in a world desperate for social change. Where dominant ethical and political approaches have failed to adequately deal with the enormous challenges we face, utilitarianism – as a set of lived practices, not simply a theoretical construction – may hold out some hope of seriously addressing them. Drawing on alternatives to the well-known Eurocentric story of utilitarianism (and an extensive review and critique of that story) and incorporating the works of Peter Singer, Katarzyna de Lazari-Radek, Derek Parfit, Martha Nussbaum, and other major philosophers, Schultz crafts a groundbreaking new framework of utilitarianism born of struggle and resistance. Utilitarianism as a Way of Life is an essential text for scholars and students of philosophy, political science, economics, decolonization studies, gender studies, psychology, environmental studies, and related fields.

A Christian imagination of colonial discovery permeated the early modern world, but legal histories developed in very different ways depending on imperial jurisdictions. Indigenous Rights and the Legacies of the Bible: From Moses to Mabo explores the contradictions and ironies that emerged in the interactions between biblical warrants and colonial theories of Indigenous natural rights. The early debates in the Americas mutated in the British colonies with a range of different outcomes after the American Revolution, and tracking the history of biblical interpretation provides an illuminating pathway through these historical complexities. A ground-breaking legal judgment in the High Court of Australia, Mabo v. Queensland (1992), demonstrates the enduring legacies of debates over the previous five centuries. The case reveals that the Australian colonies are the only jurisdiction of the English common law tradition within which no treaties were made with the First Nations. Instead, there is a peculiar development of terra nullius ideology, which can be traced back to the historic influences of the book of Genesis in Puritan thought in the seventeenth century. Having identified both similarities and differences between various colonial arguments, and their overt dependence on early modern theological reasoning, Mark G. Brett examines the paradoxical permutations of imperial and anti-imperial motifs in the biblical texts themselves. Concepts of rights shifted over the centuries from theological to secular frameworks, and more recently, from anthropocentric assumptions to ecologically embedded concepts of Indigenous rights and responsibilities. Bearing in mind the differences between ancient and modern notions of indigeneity, a fresh understanding of this history proves timely as settler colonial states reflect on the implications of the United Nations Declaration on the Rights of Indigenous Peoples (2007). Brett's illuminating insights in this detailed study are particularly relevant for the four states which initially voted against the Declaration: the USA, Canada, New Zealand, and Australia.

“Inside Australian Culture: Legacies of Enlightenment Values” offers a critical intervention in the continuing effects of colonization in Australia and the structures it brought, which still inform and dominate its public culture. Through a careful analysis of three disparate but significant moments in Australian history, the authors investigate the way the British Enlightenment continues to dominate contemporary Australian thinking and values. Employing the lens of Indian cultural theorist Ashis Nandy, the authors argue for an Australian public culture that is profoundly conscious of its assumptions, history and limitations.

This is a contemporary legal history book for Australian law students, written in an engaging style and rich with learning features and illustrations. The writers are a unique combination of talents, bringing together their fields of research and teaching in Australian history, British constitutional history and modern Australian law. The first part provides the social and political contexts for legal history in medieval and early modern England and America, explaining the English law which came to Australia in 1788. This includes: The origins of the common law The growth of the legal profession The making of the Magna Carta The English Civil Wars The Bill of Rights The American War of Independence. The second part examines the development of the law in Australia to the present day, including: The English criminal justice system and convict transportation The role of the Privy Council in 19th century Indigenous Australia in the colonial period The federation movement Constitutional Independence The 1967 Australian referendum and the land rights movement. The comprehensive coverage of several centuries is balanced by a dynamic writing style and tools to guide the student through each chapter including learning outcomes, chapter outlines and discussion points. The historical analysis is brought to life by the use of primary documentary evidence such as charters, statutes, medieval source books and Coke's reports, and a series of historical cameos - focused studies of notable people and issues from King Edward I and Edward Coke to Henry Parkes and Eddie Mabo - and constitutional detours addressing topics such as the separation of powers, judicial review and federalism. A Legal History for Australia is an engaging textbook, cogently written and imaginatively resourced and is supported by a companion website: https://www.bloomsburyonlineresources.com/a-legal-history-for-australia