School of Historical and Philosophical Studies - Theses
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Item“A very unfortunate circumstance”: the colonial evolution of defining British sovereignty emanating from murdercases in New South Wales, 1790 –1836( 2005-11)Governor Arthur Phillip did not magically extend British sovereignty over the continent of Australia when he read his orders to the assembled convicts and members of the military in January 1788. To the international community, this act of declaratory sovereignty claimed Australia for Britain. Gaining practical legal authority over the indigenous population, however, took years and a number of court cases to obtain. The British established their sovereignty over the Australian Aborigines by integrating them into the British legal system. This legal incorporation eventuated in stages. Three important stages were: first in 1790, when the British attempted to punish Aborigines for the murder of white men, secondly in 1827, when the British tried to punish white settlers for the deaths of indigenes, and lastly in 1836 when the British decided to punish indigenes for murders committed amongst themselves. Previous colonial experience influenced British officials’ dealing with the indigenous population of Australia. Many of the colonisers who settled in Australia, Britain’s penultimate colony, had lived in other parts of the British Empire. This prior colonial experience shaped the views and outlooks of legal policy towards the Aborigines.
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ItemDeviant motherhood in the late nineteenth century: a case study of the trial and execution of Frances Knorr and Emma Williams for child murder( 2002)The 1890s saw the rise of a pro-natalist movement in Australia that focused on child saving and the emergence of the 'ideal mother' stereotype. Moves by the medical profession and women's organizations to educate women to become 'ideal' mothers were coupled with proscriptive attempts by law enforcement agencies and the judiciary to criminalize 'bad' mothers. Within this period Frances Knorr and Emma Williams became the archetypal 'deviant mother' when they were executed only months apart for crimes involving child murder. They were to be the only women ever hanged for such crimes in Victoria. This thesis aims to problematize these executions by looking at the ways in which nineteenth century Victorian society operated to construct these women's criminality. The thesis will argue that the growth of government intervention and regulation throughout the 1890s, beginning with the introduction of the Infant Life Protection Act in Victoria in 1890, engendered a climate whereby women were increasingly told to embrace motherhood as their sole vocation. 'Maternal instinct' became a central part of a woman’s identity. Advocates of maternal love succeeded in elevating the quality of the relationship between a mother and her child to a social and moral good. Moreover, the demonization of women such as Knorr and Williams was necessary to a process that saw the eventual idealization of the mother as 'the angel of the home' and 'the mother of the Empire'. Hence, whilst the State's preoccupation with regulating motherhood, pregnancy and birth was aimed at all classes, it was women of the lower working class who came under ever increasing scrutiny and who were the most likely to become scapegoats in a campaign to find and eradicate the 'bad' mother archetype. Above all, the trials and executions of these two women provided a site for the discursive production of femininity, motherhood and female criminality. The 1890s were a time of contesting notions of motherhood and womanhood. The newspapers, the judiciary and the Slate all engaged in the process which rendered the women under examination here, as deviant. Taking a Foucauldian approach, these women's bodies became the sites on which discourses concerning motherhood and womanhood were enacted. Furthermore, notions of gender become central to a process of criminalization in which both Knorr and Williams were depicted as less feminine because of their crimes. As a result the 'criminal' mother of the twentieth century was born.