American legal education abroad–Critical histories

Abstract

law. There is no mention in the introduction of why the history of private law was excluded. The reception of English property law in particular seems inseparable from the history of Aboriginal dispossession and colonization—something acknowledged but not really explored in the text. Perhaps it is expected that such historical background is provided in the substantive courses themselves? In any case, what might have been gained by such inclusion is inadvertently demonstrated by the authors in their very brief treatment of the origins of one of the country’s most famous legal exports, the Torrens system of title registration. At 205 there is a photo of ‘Men, Women and Children at the Tanunda Real Property Act Festival’(!) in October 1862. A little internet sleuthing reveals that at this ‘extraordinarily lavish affair’ Sir Robert Richard Torrens was accompanied by ‘an escort of around a hundred flag-bedecked wagons, [and] feted with banquets, bands, choirs, speeches and toasts in English and German, illuminations, and triumphal arches’. All in honour of the new concept of indefeasibility of title attributed to him. Who says the history of property law is not exciting? The authors do indeed embellish their narrative with many lively ‘cameos’ of historical figures and dramatic incidents drawn from high-profile cases and constitutional battles. My point is simply that the same could be done for private law and thus, that the authors should be encouraged to write a companion volume. Generations of law students would thank them.