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A collection that focuses on the role of European law in colonial contexts and engages with recent treatments of this theme in known works written largely from within the framework of postcolonial studies, which implicitly discuss colonial deployments of European law and politics via the concept of ideology.
Book Synopsis Law and Politics in British Colonial Thought by : S. Dorsett
Download or read book Law and Politics in British Colonial Thought written by S. Dorsett and published by Springer. This book was released on 2010-11-08 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection that focuses on the role of European law in colonial contexts and engages with recent treatments of this theme in known works written largely from within the framework of postcolonial studies, which implicitly discuss colonial deployments of European law and politics via the concept of ideology.
Today, every continent retains elements of the legal code distributed by the British empire. The British empire created a legal footprint along with political, economic, cultural and racial ones. One of the central problems of political theory is the insurmountable gap between ideas and their realization. Keally McBride argues that understanding the presently fraught state of the concept of the rule of law around the globe relies upon understanding how it was first introduced and then practiced through colonial administration--as well as unraveling the ideas and practices of those who instituted it. The astonishing fact of the matter is that for thirty years, between 1814 and 1844, virtually all of the laws in the British Empire were reviewed, approved or discarded by one individual: James Stephen, disparagingly known as "Mr. Mothercountry." Virtually every single act that was passed by a colony made its way to his desk, from a levy to improve sanitation, to an officer's pay, to laws around migration and immigration, and tariffs on products. Stephen, great-grandfather of Virginia Woolf, was an ardent abolitionist, and he saw his role as a legal protector of the most dispossessed. When confronted by acts that could not be overturned by reference to British law that he found objectionable, he would make arguments in the name of the "natural law" of justice and equity. He truly believed that law could be a force for good and equity at the same time that he was frustrated by the existence of laws that he saw as abhorrent. In Mr. Mothercountry, McBride draws on original archival research of the writings of Stephen and his descendants, as well as the Macaulay family, two major lineages of legal administrators in the British colonies, to explore the gap between the ideal of the rule of law and the ways in which it was practiced and enforced. McBride does this to show that there is no way of claiming that law is always a force for good or simply an ideological cover for oppression. It is both. Her ultimate intent is to illuminate the failures of liberal notions of legality in the international sphere and to trace the power disparities and historical trajectories that have accompanied this failure. This book explores the intertwining histories of colonial power and the idea of the rule of law, in both the past and the present, and it asks what the historical legacy of British Colonialism means for how different groups view international law today.
Book Synopsis Mr. Mothercountry by : Keally D. McBride
Download or read book Mr. Mothercountry written by Keally D. McBride and published by Oxford University Press. This book was released on 2016 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, every continent retains elements of the legal code distributed by the British empire. The British empire created a legal footprint along with political, economic, cultural and racial ones. One of the central problems of political theory is the insurmountable gap between ideas and their realization. Keally McBride argues that understanding the presently fraught state of the concept of the rule of law around the globe relies upon understanding how it was first introduced and then practiced through colonial administration--as well as unraveling the ideas and practices of those who instituted it. The astonishing fact of the matter is that for thirty years, between 1814 and 1844, virtually all of the laws in the British Empire were reviewed, approved or discarded by one individual: James Stephen, disparagingly known as "Mr. Mothercountry." Virtually every single act that was passed by a colony made its way to his desk, from a levy to improve sanitation, to an officer's pay, to laws around migration and immigration, and tariffs on products. Stephen, great-grandfather of Virginia Woolf, was an ardent abolitionist, and he saw his role as a legal protector of the most dispossessed. When confronted by acts that could not be overturned by reference to British law that he found objectionable, he would make arguments in the name of the "natural law" of justice and equity. He truly believed that law could be a force for good and equity at the same time that he was frustrated by the existence of laws that he saw as abhorrent. In Mr. Mothercountry, McBride draws on original archival research of the writings of Stephen and his descendants, as well as the Macaulay family, two major lineages of legal administrators in the British colonies, to explore the gap between the ideal of the rule of law and the ways in which it was practiced and enforced. McBride does this to show that there is no way of claiming that law is always a force for good or simply an ideological cover for oppression. It is both. Her ultimate intent is to illuminate the failures of liberal notions of legality in the international sphere and to trace the power disparities and historical trajectories that have accompanied this failure. This book explores the intertwining histories of colonial power and the idea of the rule of law, in both the past and the present, and it asks what the historical legacy of British Colonialism means for how different groups view international law today.
In 1773 John Adams observed that one source of tension in the debate between England and the colonies could be traced to the different conceptions each side had of the terms "legally" and "constitutionally"--different conceptions that were, as Shannon Stimson here demonstrates, symptomatic of deeper jurisprudential, political, and even epistemological differences between the two governmental outlooks. This study of the political and legal thought of the American revolution and founding period explores the differences between late eighteenth-century British and American perceptions of the judicial and jural power. In Stimson's book, which will interest both historians and theorists of law and politics, the study of colonial juries provides an incisive tool for organizing, interpreting, and evaluating various strands of American political theory, and for challenging the common assumption of a basic unity of vision of the roots of Anglo-American jurisprudence. The author introduces an original concept, that of "judicial space," to account for the development of the highly political role of the Supreme Court, a judicial body that has no clear counterpart in English jurisprudence. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Book Synopsis The American Revolution in the Law by : Shannon C. Stimson
Download or read book The American Revolution in the Law written by Shannon C. Stimson and published by . This book was released on 2016-04-03 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1773 John Adams observed that one source of tension in the debate between England and the colonies could be traced to the different conceptions each side had of the terms "legally" and "constitutionally"--different conceptions that were, as Shannon Stimson here demonstrates, symptomatic of deeper jurisprudential, political, and even epistemological differences between the two governmental outlooks. This study of the political and legal thought of the American revolution and founding period explores the differences between late eighteenth-century British and American perceptions of the judicial and jural power. In Stimson's book, which will interest both historians and theorists of law and politics, the study of colonial juries provides an incisive tool for organizing, interpreting, and evaluating various strands of American political theory, and for challenging the common assumption of a basic unity of vision of the roots of Anglo-American jurisprudence. The author introduces an original concept, that of "judicial space," to account for the development of the highly political role of the Supreme Court, a judicial body that has no clear counterpart in English jurisprudence. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
A compelling reexamination of how Britain used law to shape its empire For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years' War (1754-63) as the world's most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others, including parts of India and former French territories in North America, retained much of their previous legal regimes. As legal historian Christian R. Burset argues, determining how much English law a colony received depended on what kind of colony Britain wanted to create. Policymakers thought English law could turn any territory into an anglicized, commercial colony; legal pluralism, in contrast, would ensure a colony's economic and political subordination. Britain's turn to legal pluralism thus reflected the victory of a new vision of empire--authoritarian, extractive, and tolerant--over more assimilationist and egalitarian alternatives. Among other implications, this helps explain American colonists' reverence for the common law: it expressed and preserved their equal status in the empire. This book, the first empire-wide overview of law as an instrument of policy in the eighteenth-century British Empire, offers an imaginative rethinking of the relationship between tolerance and empire.
Book Synopsis An Empire of Laws by : Christian R. Burset
Download or read book An Empire of Laws written by Christian R. Burset and published by Yale University Press. This book was released on 2023-09-26 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compelling reexamination of how Britain used law to shape its empire For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years' War (1754-63) as the world's most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others, including parts of India and former French territories in North America, retained much of their previous legal regimes. As legal historian Christian R. Burset argues, determining how much English law a colony received depended on what kind of colony Britain wanted to create. Policymakers thought English law could turn any territory into an anglicized, commercial colony; legal pluralism, in contrast, would ensure a colony's economic and political subordination. Britain's turn to legal pluralism thus reflected the victory of a new vision of empire--authoritarian, extractive, and tolerant--over more assimilationist and egalitarian alternatives. Among other implications, this helps explain American colonists' reverence for the common law: it expressed and preserved their equal status in the empire. This book, the first empire-wide overview of law as an instrument of policy in the eighteenth-century British Empire, offers an imaginative rethinking of the relationship between tolerance and empire.
DigiCat Publishing presents to you this special edition of ""Colony,"--or "Free State"? "Dependence,"--or "Just Connection"? "Empire,"--or "Union"?" by Alpheus Henry Snow. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.
Book Synopsis "Colony,"--or "Free State"? "Dependence,"--or "Just Connection"? "Empire,"--or "Union"? by : Alpheus Henry Snow
Download or read book "Colony,"--or "Free State"? "Dependence,"--or "Just Connection"? "Empire,"--or "Union"? written by Alpheus Henry Snow and published by DigiCat. This book was released on 2022-09-16 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: DigiCat Publishing presents to you this special edition of ""Colony,"--or "Free State"? "Dependence,"--or "Just Connection"? "Empire,"--or "Union"?" by Alpheus Henry Snow. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.
Book Synopsis The Thought of John Austin by : Wilfrid E. Rumble
Download or read book The Thought of John Austin written by Wilfrid E. Rumble and published by Burns & Oates. This book was released on 1985 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Explores how Vattel used the natural law tradition to frame a pragmatic and treaty-oriented model of the law of nations.
Book Synopsis Concepts and Contexts of Vattel's Political and Legal Thought by : Peter Schröder
Download or read book Concepts and Contexts of Vattel's Political and Legal Thought written by Peter Schröder and published by Cambridge University Press. This book was released on 2021-06-24 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how Vattel used the natural law tradition to frame a pragmatic and treaty-oriented model of the law of nations.
This book offers a new interpretation of political reform in the settler colonies of Britain’s empire in the early nineteenth century. It examines the influence of Scottish Presbyterian dissenting churches and their political values. It re-evaluates five notorious Scottish reformers and unpacks the Presbyterian foundation to their political ideas: Thomas Pringle (1789-1834), a poet in Cape Town; Thomas McCulloch (1776-1843), an educator in Pictou; John Dunmore Lang (1799-1878), a church minister in Sydney; William Lyon Mackenzie (1795-1861), a rebel in Toronto; and Samuel McDonald Martin (1805?-1848), a journalist in Auckland. The book weaves the five migrants’ stories together for the first time and demonstrates how the campaigns they led came to be intertwined. The book will appeal to historians of Scotland, Britain, Canada, Australia, New Zealand, South Africa, the British Empire and the Scottish diaspora.
Book Synopsis Scottish Presbyterianism and Settler Colonial Politics by : Valerie Wallace
Download or read book Scottish Presbyterianism and Settler Colonial Politics written by Valerie Wallace and published by Springer. This book was released on 2018-02-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new interpretation of political reform in the settler colonies of Britain’s empire in the early nineteenth century. It examines the influence of Scottish Presbyterian dissenting churches and their political values. It re-evaluates five notorious Scottish reformers and unpacks the Presbyterian foundation to their political ideas: Thomas Pringle (1789-1834), a poet in Cape Town; Thomas McCulloch (1776-1843), an educator in Pictou; John Dunmore Lang (1799-1878), a church minister in Sydney; William Lyon Mackenzie (1795-1861), a rebel in Toronto; and Samuel McDonald Martin (1805?-1848), a journalist in Auckland. The book weaves the five migrants’ stories together for the first time and demonstrates how the campaigns they led came to be intertwined. The book will appeal to historians of Scotland, Britain, Canada, Australia, New Zealand, South Africa, the British Empire and the Scottish diaspora.
This book is a major contribution to our understanding of the role played by law(s) in the British Empire. Using a variety of interdisciplinary approaches, the authors provide in-depth analyses which shine new light on the role of law in creating the people and places of the British Empire. Ranging from the United States, through Calcutta, across Australasia to the Gold Coast, these essays seek to investigate law’s central place in the British Empire, and the role of its agents in embedding British rule and culture in colonial territories. One of the first collections to provide a sustained engagement with the legal histories of the British Empire, in particular beyond the settler colonies, this work aims to encourage further scholarship and new approaches to the writing of the histories of that Empire. Legal Histories of the British Empire: Laws, Engagements and Legacies will be of value not only to legal scholars and graduate students, but of interest to all of those who want to know more about the laws in and of the British Empire.
Book Synopsis Legal Histories of the British Empire by : Shaunnagh Dorsett
Download or read book Legal Histories of the British Empire written by Shaunnagh Dorsett and published by Routledge. This book was released on 2014-04-24 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a major contribution to our understanding of the role played by law(s) in the British Empire. Using a variety of interdisciplinary approaches, the authors provide in-depth analyses which shine new light on the role of law in creating the people and places of the British Empire. Ranging from the United States, through Calcutta, across Australasia to the Gold Coast, these essays seek to investigate law’s central place in the British Empire, and the role of its agents in embedding British rule and culture in colonial territories. One of the first collections to provide a sustained engagement with the legal histories of the British Empire, in particular beyond the settler colonies, this work aims to encourage further scholarship and new approaches to the writing of the histories of that Empire. Legal Histories of the British Empire: Laws, Engagements and Legacies will be of value not only to legal scholars and graduate students, but of interest to all of those who want to know more about the laws in and of the British Empire.
An essential starting point for anyone wanting to learn about life in the largest empire in history, this two-volume work encapsulates the imperial experience from the 16th–21st centuries. From early sixteenth-century explorations to the handover of Hong Kong in 1997, the British Empire controlled outposts on every continent, spreading its people and ideas across the globe and profiting mightily in the process. The present state of our world—from its increasing interconnectedness to its vast inequalities and from the successful democracies of North America to the troubled regimes of Africa and the Middle East—can be traced, in large part, to the way in which Great Britain expanded and controlled its empire. The British Empire: A Historical Encyclopedia addresses a broader range of topics than do most other surveys of the empire, covering not only major political and military developments but also topics that have only recently come to serious scholarly attention, such as women's and gender history, art and architecture, indigenous histories and perspectives, and the construction of colonial knowledge and ideologies. By going beyond the "headline" events of the British Empire, this captivating work communicates the British imperial experience in its totality.
Book Synopsis The British Empire [2 volumes] by : Mark Doyle
Download or read book The British Empire [2 volumes] written by Mark Doyle and published by Bloomsbury Publishing USA. This book was released on 2018-06-29 with total page 701 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essential starting point for anyone wanting to learn about life in the largest empire in history, this two-volume work encapsulates the imperial experience from the 16th–21st centuries. From early sixteenth-century explorations to the handover of Hong Kong in 1997, the British Empire controlled outposts on every continent, spreading its people and ideas across the globe and profiting mightily in the process. The present state of our world—from its increasing interconnectedness to its vast inequalities and from the successful democracies of North America to the troubled regimes of Africa and the Middle East—can be traced, in large part, to the way in which Great Britain expanded and controlled its empire. The British Empire: A Historical Encyclopedia addresses a broader range of topics than do most other surveys of the empire, covering not only major political and military developments but also topics that have only recently come to serious scholarly attention, such as women's and gender history, art and architecture, indigenous histories and perspectives, and the construction of colonial knowledge and ideologies. By going beyond the "headline" events of the British Empire, this captivating work communicates the British imperial experience in its totality.
