Title

Early conceptions of the State in New Zealand

Date of this Version

1-1-2012

Document Type

Journal Article

Publication Details

Interim status: Citation only

Farrar, J.H. (2012). Early conceptions of the State in New Zealand. Yearbook of New Zealand Jurisprudence, 13&14, 51-65. ISSN: 1174-4243

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2012 HERDC submission

© Copyright University of Waikato, Te Piringa - Faculty of Law, 2012

ISSN

1174-4243

Abstract

The early history of New Zealand is very complex and there is a natural tendency to focus on the Treaty of Waitangi and to seek in this the legitimation of the modern state. A consequence of this is that we seek to impose Western concepts on Maori which do not fit. The concept of the state in fact has a complicated history within the Western legal tradition. It is only in modern times that the Crown has been thought of as a corporation aggregate. At the same time, public international law has recognised a concept of the state for its purposes. This requires a permanent population, a defined territory, government and capacity to enter into relations with other states. Thus we have a poor fit between the domestic conceptions and the conception of public international law.

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This document has been peer reviewed.