Lawful Conquest
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Lawful Conquest
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Author : Constanze Weiske
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2021-10-04
Lawful Conquest written by Constanze Weiske and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-04 with History categories.
The global expansion of European colonization is commonly perceived as lawful according to the valid European colonial law of the time. This book is substantially challenging this belief by uncovering its legal justifications based on discovery and terra nullius as retrospectively created legal fictions and demonstrating it ́s untenability in practice. Focused on the critical reconstruction of Spanish and Dutch colonization practices in northeastern South America, Trinidad and Tobago between 1498 and 1817, the book offers an illuminating view on the European shadow of the colonial past in the Americas. Based on the application of an innovative comparative spatio-legal Global History approach to 1,770 excavated European colonial written sources from archives of both sides of the Atlantic in comparison to the colonial legal provisions of Europe ́s most influential legal writers, the book, moreover, provides a substantial argument to the contemporary Caribbean-European reparation debate in favor of the return of Indigenous Peoples ́ historical territories. Therefore, the book calls for the extension of the traditional territory approach to reparations of the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIPs) and the Inter-American Court of Human Rights (IACHR).
The Right Of Conquest
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Author : Sharon Korman
language : en
Publisher: Clarendon Press
Release Date : 1996-10-31
The Right Of Conquest written by Sharon Korman and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-10-31 with Political Science categories.
This is an enquiry into the place of the right of conquest in international relations since the early sixteenth century, and the causes and consequences of its demise in the twentieth century. It was a recognized principle of international law until the early years of this century that a state that emerges victorious in a war is entitled to claim sovereignty over territory which it has taken possession. Sharon Korman shows how the First World War - which led to the rise of self-determination and to calls for the prohibition of way - prompted the reconstruction of international law and the consequent abolition of the title by conquest. Her conclusion, which highlights the merits and defects of the modern law as a vehicle for discouraging war by denying the title to the conqueror, challenges many of the assumptions that have come to constitute part of the conventional wisdom of our times. This is a study, not of international law narrowly conceived, but of the place of a changing legal principle in international history and the contemporary world.
Conquest And The Law In Swedish Livonia Ca 1630 1710
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Author : Heikki Pihlajamäki
language : en
Publisher: BRILL
Release Date : 2017-01-05
Conquest And The Law In Swedish Livonia Ca 1630 1710 written by Heikki Pihlajamäki and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-05 with History categories.
In Conquest and the Law in Swedish Livonia (ca. 1630-1710), Heikki Pihlajamäki offers an exciting account of the law in seventeenth-century Livonia, conquered by Sweden. The volume demonstrates how the differences in legal cultures affected the Livonian judiciary and legal procedure in the region.
Conquest And Modern International Law
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Author : Matthew Mark McMahon
language : en
Publisher:
Release Date : 1940
Conquest And Modern International Law written by Matthew Mark McMahon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1940 with Acquisition of territory categories.
The American Indian In Western Legal Thought
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Author : Robert A. Williams Jr.
language : en
Publisher: Oxford University Press
Release Date : 1992-11-26
The American Indian In Western Legal Thought written by Robert A. Williams Jr. 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 1992-11-26 with Law categories.
Exploring the history of contemporary legal thought on the rights and status of the West's colonized indigenous tribal peoples, Williams here traces the development of the themes that justified and impelled Spanish, English, and American conquests of the New World.
Sir John Davies And The Conquest Of Ireland
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Author : Hans S. Pawlisch
language : en
Publisher: Cambridge University Press
Release Date : 2002-07-18
Sir John Davies And The Conquest Of Ireland written by Hans S. Pawlisch 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 2002-07-18 with History categories.
A study of the Jacobean regime's use of judge-made law to consolidate the Tudor conquest.
The American Indian In Western Legal Thought
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Author : Robert A. Williams
language : en
Publisher:
Release Date : 1990
The American Indian In Western Legal Thought written by Robert A. Williams and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Indians of North America categories.
Law And Legal Practice In Egypt From Alexander To The Arab Conquest
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Author : James G. Keenan
language : en
Publisher: Cambridge University Press
Release Date : 2019-05-23
Law And Legal Practice In Egypt From Alexander To The Arab Conquest written by James G. Keenan 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 2019-05-23 with History categories.
The study of ancient law has blossomed in recent years. In English alone there have been dozens of studies devoted to classical Greek and Roman law, to the Roman legal codes, and to the legal traditions of the ancient Near East among many other topics. Legal documents written on papyrus began to be published in some abundance by the end of the nineteenth century; but even after substantial publication history, legal papyri have not received due attention from legal historians. This book blends the two usually distinct juristic scholarly traditions, classical and Egyptological, into a coherent presentation of the legal documents from Egypt from the Ptolemaic to the late Byzantine periods, all translated and accompanied by expert commentary. The volume will serve as an introduction to the rich legal sources from Egypt in the later phases of its ancient history as well as a tool to compare legal documents from other cultures.
The Great Art Of Government
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Author : Peter Josephson
language : en
Publisher:
Release Date : 2002
The Great Art Of Government written by Peter Josephson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Philosophy categories.
Moving beyond previous scholarship, he gives us a Locke as much concerned with the effective functioning of government as with the roots of its moral legitimacy."--BOOK JACKET.
Conquest By Law
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Author : Lindsay G. Robertson
language : en
Publisher: Oxford University Press
Release Date : 2005-08-25
Conquest By Law written by Lindsay G. Robertson 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 2005-08-25 with History categories.
In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world. At the heart of the decision for Johnson v. M'Intosh was a "discovery doctrine" that gave rights of ownership to the European sovereigns who "discovered" the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historical origins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the complete and troubling account of the European "discovery" of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law that governs indigenous people and their lands to this day.