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Law and Politics in British Colonial Thought

Part of the Palgrave Studies in Cultural and Intellectual History Book Series

Editors: Dorsett, Shaunnagh; Hunter, Ian

DOI: 10.1057/9780230114388

ISBN: 978-1-349-28913-4

Publisher: Palgrave Macmillan US - Springer Journals

Oct 13, 2015

1 - 10 of 14 Chapters

LitStream

Introduction

Hunter, Ian; Dorsett, Shaunnagh

Pages: 1 –8

[The chapters in this volume were generated from a gathering of scholars working on the role of law in colonial societies. All participants in a series of discussions that were held in Prato, Italy, in April 2009 were asked to reflect on the forms in which metropolitan legal doctrines and...
LitStream

Global Justice and Regional Metaphysics: On the Critical History of the Law of Nature and Nations

Hunter, Ian

Pages: 11 –29

[A good deal of the recent historiography of the early modern law of nature and nations—jus naturae et gentium—has been critical.1 This applies in particular to the literature that ties its history to the emergence of European colonialism and imperialism. By “critical” I do not mean pejorative or...
LitStream

Justice and Imperialism: On the Very Idea of a Universal Standard

Ivison, Duncan

Pages: 31 –48

[In the modern era, imperialism refers to relations between states and peoples in which one state is able to effectively impose, constrain, dominate, and exploit others in ways that affect their most important interests.1This can occur either directly or indirectly, formally or informally. Of...
LitStream

The Legalities of English Colonizing: Discourses of European Intrusion upon the Americas, c. 1490–1830

Tomlins, Christopher

Pages: 51 –70

[European colonizers began refining their plans for the New World almost from the moment of Columbian landfall. Conventionally the English are absent from this story, latecomers by ninety years.1 But the New World early attracted English attention. Henry VII had offered Columbus English patronage...
LitStream

The Uses of the Rule of Law in British Colonial Societies in the Nineteenth Century

McLaren, John

Pages: 71 –90

[Despite the narrower version associated with Alfred Venn Dicey in the late nineteenth century,1 the rule of law in the late eighteenth and early nineteenth century was a highly tensile notion. Its meaning varied depending on who was employing it and for what purpose.2 In one guise or another the...
LitStream

“Your sovereign and Our Father”: The Imperial Crown and the Idea of Legal-Ethnohistory

Walters, Mark D.

Pages: 91 –108

[This chapter is about historical narrative, the shifting uses of language over time, and the relevance of diverse cultural perspectives for our understanding of the legal history of imperial sovereignty—and for these reasons I shall begin with a story.1]
LitStream

The Justification of King Leopold II’s Congo Enterprise by Sir Travers Twiss

Fitzmaurice, Andrew

Pages: 109 –126

[It was Sir Travers Twiss, more than any other international lawyer of his generation, who furnished the legal justification for the creation of King Leopold II’s Congo Free State.1 Leopold’s colonial venture was notoriously one of the most brutal episodes in the history of colonization. The...
LitStream

Samuel Marsden’s Civility: The Transposition of Anglican Civil Authority to Australasia

sharp, Andrew

Pages: 129 –148

[It is appropriate that the study of the colonial transposition of British government should focus on an array of impersonal and abstract instruments—sovereignty, occupation, the rule of law, natural rights— not least because such instruments can have quite concrete effects in establishing the...
LitStream

The Limits of Jurisdiction: Law, Governance, and Indigenous Peoples in Colonized Australia

Finnane, Mark

Pages: 149 –168

[In events well known and controversial in Australia, the last year of the Howard government (1996–2007) saw a federal “intervention” in one of its own territories with the aim of restoring order in Aboriginal communities.1 Under the mandate of an “Emergency Response” the government designed a...
LitStream

The Pig and the Peace: Transposing Order in Early Sydney

Ford, Lisa

Pages: 169 –186

[On October 29, 1795, the shooting of a pregnant pig caused a ruckus in Sydney. When Private William Faithful shot a “very fine sow,” her owner, John Boston, ran into the street “in a riotous manner” demanding to know “where is the damned Villain of a Rascal who has shot my Pig.”1 Either...

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