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Historiography Empire And The Rule Of Law
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Book Synopsis Historiography, Empire and the Rule of Law by : Ian Duncanson
Download or read book Historiography, Empire and the Rule of Law written by Ian Duncanson and published by Routledge. This book was released on 2011-10-06 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 498 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.
Book Synopsis The Oxford Handbook of Legal History by : Markus D. Dubber
Download or read book The Oxford Handbook of Legal History written by Markus D. Dubber and published by Oxford University Press. This book was released on 2018-08-02 with total page 1152 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Historiography, Empire and the Rule of Law by : Ian Duncanson
Download or read book Historiography, Empire and the Rule of Law written by Ian Duncanson and published by Routledge. This book was released on 2011-10-06 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 . This book was released on 2015-12-17 with total page 255 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.
Book Synopsis Ottoman Rule of Law and the Modern Political Trial by : Avi Rubin
Download or read book Ottoman Rule of Law and the Modern Political Trial written by Avi Rubin and published by Syracuse University Press. This book was released on 2018-11-08 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1876, a recently dethroned sultan, Abdülaziz, was found dead in his cham- bers, the veins in his arm slashed. Five years later, a group of Ottoman senior officials stood a criminal trial and were found guilty for complicity in his murder. Among the defendants was the world-famous statesman former Grand Vizier and reformer Ahmed Midhat Pasa, a political foe of the autocratic sultan Abdülhamit II, who succeeded Abdülaziz and ruled the empire for thirty-three years. The alleged murder of the former sultan and the trial that ensued were political dramas that captivated audiences both domestically and internationally. The high-profile personalities involved, the international politics at stake, and the intense newspaper coverage all rendered the trial an historic event, but the question of whether the sultan was murdered or committed suicide re- mains a mystery that continues to be relevant in Turkey today. Drawing upon a wide range of narrative and archival sources, Rubin explores the famous yet understudied trial and its representations in contemporary public discourse and subsequent historiography. Through the reconstruction and analysis of various aspects of the trial, Rubin identifies the emergence of a new culture of legalism that sustained the first modern political trial in the history of the Middle East.
Book Synopsis An Empire on Trial by : Martin J. Wiener
Download or read book An Empire on Trial written by Martin J. Wiener and published by Cambridge University Press. This book was released on 2008-12-08 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law, history, colonialism by : Diane Kirkby
Download or read book Law, history, colonialism written by Diane Kirkby and published by Manchester University Press. This book was released on 2017-03-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the latest contemporary research from an internationally acclaimed group of scholars, Law, history, colonialism brings together the disciplines of law, history and post-colonial studies in a singular exploration of imperialism. In fresh, innovative essays from a range of disciplinary backgrounds, this collection offers exciting new perspectives on the length and breadth of empire. As issues of native title, truth and reconciliation commissions, and access to land and natural resources are contested in courtrooms and legislation of former colonies, the disciplines of law and history afford new ways of seeing, hearing and creating knowledge. Issues explored include the judicial construction of racial categories, the gendered definitions of nation-states, the historical construction of citizenship, sovereignty and land rights, the limits to legality and the charting of empire, constructions of madness among colonised peoples, reforming property rights of married women, questions of legal and historical evidence, and the rule of law. This collection will be an indispensable reference work to scholars, students and teachers.
Book Synopsis The Oxford Handbook of European Legal History by : Heikki Pihlajamäki
Download or read book The Oxford Handbook of European Legal History written by Heikki Pihlajamäki and published by Oxford University Press. This book was released on 2018-06-28 with total page 1264 pages. Available in PDF, EPUB and Kindle. Book excerpt: European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Download or read book Rage for Order written by Lauren Benton and published by Harvard University Press. This book was released on 2016-10-03 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Colonial Justice in British India by : Elizabeth Kolsky
Download or read book Colonial Justice in British India written by Elizabeth Kolsky and published by Cambridge University Press. This book was released on 2011-12-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Status in the Shadow of Empire by : Cait Storr
Download or read book International Status in the Shadow of Empire written by Cait Storr and published by Cambridge University Press. This book was released on 2020-09-17 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new account of Nauru's imperial history and examines its significance in the history of international law.
Book Synopsis The Rule of Empires by : Timothy Parsons
Download or read book The Rule of Empires written by Timothy Parsons and published by Oxford University Press. This book was released on 2010-06-10 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Rule of Empires, Timothy Parsons gives a sweeping account of the evolution of empire from its origins in ancient Rome to its most recent twentieth-century embodiment. He explains what constitutes an empire and offers suggestions about what empires of the past can tell us about our own historical moment. Parsons uses imperial examples that stretch from ancient Rome, to Britain's "new" imperialism in Kenya, to the Third Reich to parse the features common to all empires, their evolutions and self-justifying myths, and the reasons for their inevitable decline. Parsons argues that far from confirming some sort of Darwinian hierarchy of advanced and primitive societies, conquests were simply the products of a temporary advantage in military technology, wealth, and political will. Beneath the self-justifying rhetoric of benevolent paternalism and cultural superiority lay economic exploitation and the desire for power. Yet imperial ambitions still appear viable in the twenty-first century, Parsons shows, because their defenders and detractors alike employ abstract and romanticized perspectives that fail to grasp the historical reality of subjugation. Writing from the perspective of the common subject rather than that of the imperial conquerors, Parsons offers a historically grounded cautionary tale rich with accounts of subjugated peoples throwing off the yoke of empire time and time again. In providing an accurate picture of what it is like to live as a subject, The Rule of Empires lays bare the rationalizations of imperial conquerors and their apologists and exposes the true limits of hard power.
Book Synopsis Law and Colonial Cultures by : Lauren Benton
Download or read book Law and Colonial Cultures written by Lauren Benton and published by Cambridge University Press. This book was released on 2002 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that institutions and culture serve as important elements of international legal order.
Download or read book Empire written by Niall Ferguson and published by Penguin UK. This book was released on 2012-10-25 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Niall Ferguson's acclaimed bestseller on the highs and lows of Britain's empire Once vast swathes of the globe were coloured imperial red and Britannia ruled not just the waves, but the prairies of America, the plains of Asia, the jungles of Africa and the deserts of Arabia. Just how did a small, rainy island in the North Atlantic achieve all this? And why did the empire on which the sun literally never set finally decline and fall? Niall Ferguson's acclaimed Empire brilliantly unfolds the imperial story in all its splendours and its miseries, showing how a gang of buccaneers and gold-diggers planted the seed of the biggest empire in all history - and set the world on the road to modernity. 'The most brilliant British historian of his generation ... Ferguson examines the roles of "pirates, planters, missionaries, mandarins, bankers and bankrupts" in the creation of history's largest empire ... he writes with splendid panache ... and a seemingly effortless, debonair wit' Andrew Roberts 'Dazzling ... wonderfully readable' New York Review of Books 'A remarkably readable précis of the whole British imperial story - triumphs, deceits, decencies, kindnesses, cruelties and all' Jan Morris 'Empire is a pleasure to read and brims with insights and intelligence' Sunday Times
Download or read book Empire of Cotton written by Sven Beckert and published by Vintage. This book was released on 2015-11-10 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: WINNER OF THE BANCROFT PRIZE • A Pulitzer Prize finalist that's as unsettling as it is enlightening: a book that brilliantly weaves together the story of cotton with how the present global world came to exist. “Masterly … An astonishing achievement.” —The New York Times The empire of cotton was, from the beginning, a fulcrum of constant global struggle between slaves and planters, merchants and statesmen, workers and factory owners. Sven Beckert makes clear how these forces ushered in the world of modern capitalism, including the vast wealth and disturbing inequalities that are with us today. In a remarkably brief period, European entrepreneurs and powerful politicians recast the world’s most significant manufacturing industry, combining imperial expansion and slave labor with new machines and wage workers to make and remake global capitalism.
