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  • 标题:On Close Reading the Treaty of Waitangi: An Encounter with Joseph Vining
  • 作者:Richard Dawson
  • 期刊名称:No Foundations : Journal of Extreme Legal Positivism
  • 电子版ISSN:1797-2264
  • 出版年度:2015
  • 期号:12
  • 出版社:CoE Foundations
  • 摘要:In 1839, Lord Normanby composed treaty instructions for Captain William Hobson, expressing a desire to ‘govern [. . .] New Zealand [. . .] as a part of the dominion of Great Britain’, conditional on ‘the free and intelligent consent of the natives’ (Normanby 1839, 38). An attitude of cultural superiority suggested that the ‘intelligent consent’ would lack depth. Normanby remarked, for example, that ‘their ignorance [. . .] of the technical terms [. . .] may enhance their aversion to an arrangement of which they may be unable to comprehend the exact meaning’ (Ibid.). Also, he used literacy and literature as a standard of civilized as contrasted with primitive living:The establishment of schools for the education of the aborigines in the elements of literature, will be another object of your solicitude; and until they can be brought within the pale of civilized life, and trained to the adoption of its habits, they must be carefully defended in the observance of their own customs, so far as these are compatible with the universal maxims of humanity and morals. (Ibid., 40.)
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