Historiography Empire And The Rule Of Law


Historiography Empire And The Rule Of Law
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Historiography Empire And The Rule Of Law


Historiography Empire And The Rule Of Law
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Author : Ian Duncanson
language : en
Publisher: Routledge
Release Date : 2011-10-06

Historiography Empire And The Rule Of Law written by Ian Duncanson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-06 with History categories.


Historiography, Empire and the Rule of Law considers the intersection of these terms in the historical development of what has come to be known as the ‘rule of law’. The separation of governmental powers, checks and balances, and judicial independence signified something entirely new in the way in which politics was imagined and practiced. This ‘rule of law’ cannot, as it often is, be traced to the justification and practice of government as originating in a social contract among the governed; but rather, by analogy with a popular conveyancing innovation of the era, to the trust – a device by which the power of ownership of land could be restrained. But how could the restraint of power remain consistent with the avoidance of anarchic disagreement among those granted the task of supervision and restraint? In response, it is argued here, the central legal and political task became one of managing disagreement and change peacefully and constructively – by drawing on a colonial tradition that emphasised civility, negotiation and compromise. And the study of all of these qualities as they evolved, Ian Duncanson contends, is vital to understanding the emergence of the ‘rule of law’. Historiography, Empire and the Rule of Law will be invaluable for all those engaged in research and the postgraduate study of socio-legal and constitutional studies, and early modern and modern history.



Legal Histories Of The British Empire


Legal Histories Of The British Empire
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Author : Shaunnagh Dorsett
language : en
Publisher:
Release Date : 2015-12-17

Legal Histories Of The British Empire written by Shaunnagh Dorsett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-17 with categories.


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.



Law History Colonialism


Law History Colonialism
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Author : Diane Elizabeth Kirkby
language : en
Publisher: Manchester University Press
Release Date : 2001

Law History Colonialism written by Diane Elizabeth Kirkby and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with History categories.


This work brings together the disciplines of law, history and post-colonial studies in an exploration of imperialism. In essays, from a range of disciplinary backgrounds, it offers perspectives on the length and breadth of empire.



Law And Politics In British Colonial Thought


Law And Politics In British Colonial Thought
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Author : S. Dorsett
language : en
Publisher: Springer
Release Date : 2010-11-08

Law And Politics In British Colonial Thought written by S. Dorsett and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-08 with History categories.


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.



Rage For Order


Rage For Order
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Author : Lauren Benton
language : en
Publisher: Harvard University Press
Release Date : 2016-10-03

Rage For Order written by Lauren Benton and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-03 with Law categories.


Lauren Benton and Lisa Ford find the origins of international law in empires, especially in the British Empire’s sprawling efforts to refashion the imperial constitution and reorder the world. These attempts touched on all the issues of the early nineteenth century, from slavery to revolution, and changed the way we think about the empire’s legacy.



An Empire On Trial


An Empire On Trial
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Author : Martin J. Wiener
language : en
Publisher: Cambridge University Press
Release Date : 2008-12-08

An Empire On Trial written by Martin J. Wiener and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-08 with History categories.


An Empire on Trial is the first book to explore the issue of interracial homicide in the British Empire during its height – examining these incidents and the prosecution of such cases in each of seven colonies scattered throughout the world. It uncovers and analyzes the tensions of empire that underlay British rule and delves into how the problem of maintaining a liberal empire manifested itself in the late nineteenth and early twentieth centuries. The work demonstrates the importance of the processes of criminal justice to the history of the empire and the advantage of a trans-territorial approach to understanding the complexities and nuances of its workings. An Empire on Trial is of interest to those concerned with race, empire, or criminal justice, and to historians of modern Britain or of colonial Australia, India, Kenya, or the Caribbean. Political and post-colonial theorists writing on liberalism and empire, or race and empire, will also find this book invaluable.



Historiography Empire And The Rule Of Law


Historiography Empire And The Rule Of Law
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Author : Ian Duncanson
language : en
Publisher: Routledge
Release Date : 2011-10-06

Historiography Empire And The Rule Of Law written by Ian Duncanson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-06 with History categories.


Historiography, Empire and the Rule of Law considers the intersection of these terms in the historical development of what has come to be known as the ‘rule of law’. The book will be invaluable for all those engaged in research and the postgraduate study of socio-legal and constitutional studies, and early modern and modern history.



Colonial Justice In British India


Colonial Justice In British India
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Author : Elizabeth Kolsky
language : en
Publisher: Cambridge University Press
Release Date : 2011-12-08

Colonial Justice In British India written by Elizabeth Kolsky and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-08 with History categories.


Colonial Justice in British India describes and examines the lesser-known history of white violence in colonial India. By foregrounding crimes committed by a mostly forgotten cast of European characters - planters, paupers, soldiers and sailors - Elizabeth Kolsky argues that violence was not an exceptional but an ordinary part of British rule in the subcontinent. Despite the pledge of equality, colonial legislation and the practices of white judges, juries and police placed most Europeans above the law, literally allowing them to get away with murder. The failure to control these unruly whites revealed how the weight of race and the imperatives of command imbalanced the scales of colonial justice. In a powerful account of this period, Kolsky reveals a new perspective on the British Empire in India, highlighting the disquieting violence that invariably accompanied imperial forms of power.



The Oxford Handbook Of Legal History


The Oxford Handbook Of Legal History
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Author : Markus D. Dubber
language : en
Publisher: Oxford University Press
Release Date : 2018-08-02

The Oxford Handbook Of Legal History written by Markus D. Dubber and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-02 with Law categories.


Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.



Define And Rule


Define And Rule
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Author : Mahmood Mamdani
language : en
Publisher: Harvard University Press
Release Date : 2012-10-30

Define And Rule written by Mahmood Mamdani and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-30 with Political Science categories.


Define and Rule focuses on the turn in late nineteenth-century colonial statecraft when Britain abandoned the attempt to eradicate difference between conqueror and conquered and introduced a new idea of governance, as the definition and management of difference. Mahmood Mamdani explores how lines were drawn between settler and native as distinct political identities, and between natives according to tribe. Out of that colonial experience issued a modern language of pluralism and difference. A mid-nineteenth-century crisis of empire attracted the attention of British intellectuals and led to a reconception of the colonial mission, and to reforms in India, British Malaya, and the Dutch East Indies. The new politics, inspired by Sir Henry Maine, established that natives were bound by geography and custom, rather than history and law, and made this the basis of administrative practice. Maine’s theories were later translated into “native administration” in the African colonies. Mamdani takes the case of Sudan to demonstrate how colonial law established tribal identity as the basis for determining access to land and political power, and follows this law’s legacy to contemporary Darfur. He considers the intellectual and political dimensions of African movements toward decolonization by focusing on two key figures: the Nigerian historian Yusuf Bala Usman, who argued for an alternative to colonial historiography, and Tanzania’s first president, Mwalimu Julius Nyerere, who realized that colonialism’s political logic was legal and administrative, not military, and could be dismantled through nonviolent reforms.