Melbourne Law School - Research Publications

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    Capital Punishment in Colonial Victoria: The Role of the Executive Council
    Waugh, J (Royal Historical Society of Victoria, 2017)
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    The Big Hill Murder and the Colonial Death Penalty
    Waugh, J (Public Record Office Victoria, 2018)
    This article is a case study of the way the decision to commute a death sentence was reached. The Big Hill murder attracted intense public interest in 1860 and generated extensive records. These document the processes by which the governor and ministers decided to exercise the prerogative of mercy and commute the death sentence of a convicted murderer; they also record the prisoner’s later attempts to clear his name. The case shows how commutation of a death sentence was influenced by official perceptions of the degree of certainty with which guilt was established, and illustrates the processes that authorities used to reach, and reassess, that conclusion.
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    Book review: David Syme: Man of the Age
    WAUGH, J (Royal Historical Society of Victoria, 2015)
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    Cowen as Life-Writer: Sidelights from the Archives
    WAUGH, J (Melbourne University Law Review Association, 2015)
    Biography is an unusual choice of subject for a legal academic, but for Zelman Cowen it was a recurring interest. This article, based on a paper presented at the Zelman Cowen Conference at the University of Melbourne in March 2014, considers Cowen’s choice of biographical subjects before turning to the light that archival research casts on two episodes in the lives of people about whom he wrote: the appointment of Sir Isaac Isaacs as Governor-General of Australia, and Cowen’s own early academic career.