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Law And Colonial Cultures
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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.
Book Synopsis Law and Colonial Cultures by : Lauren A. Benton
Download or read book Law and Colonial Cultures written by Lauren A. Benton and published by . This book was released on 2002 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law and Colonial Cultures by : Lauren A. Benton
Download or read book Law and Colonial Cultures written by Lauren A. Benton and published by . This book was released on 2002 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advances a new perspective in world history, arguing that institutions and culture serve as important elements of international order. Focusing on colonial legal politics, it uses case studies to trace a shift from the multicentric law of early empires to the state-centered law of the colonial world.
Download or read book Stages of Capital written by Ritu Birla and published by Duke University Press. This book was released on 2009-01-14 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Stages of Capital, Ritu Birla brings research on nonwestern capitalisms into conversation with postcolonial studies to illuminate the historical roots of India’s market society. Between 1870 and 1930, the British regime in India implemented a barrage of commercial and contract laws directed at the “free” circulation of capital, including measures regulating companies, income tax, charitable gifting, and pension funds, and procedures distinguishing gambling from speculation and futures trading. Birla argues that this understudied legal infrastructure institutionalized a new object of sovereign management, the market, and along with it, a colonial concept of the public. In jurisprudence, case law, and statutes, colonial market governance enforced an abstract vision of modern society as a public of exchanging, contracting actors free from the anachronistic constraints of indigenous culture. Birla reveals how the categories of public and private infiltrated colonial commercial law, establishing distinct worlds for economic and cultural practice. This bifurcation was especially apparent in legal dilemmas concerning indigenous or “vernacular” capitalists, crucial engines of credit and production that operated through networks of extended kinship. Focusing on the story of the Marwaris, a powerful business group renowned as a key sector of India’s capitalist class, Birla demonstrates how colonial law governed vernacular capitalists as rarefied cultural actors, so rendering them illegitimate as economic agents. Birla’s innovative attention to the negotiations between vernacular and colonial systems of valuation illustrates how kinship-based commercial groups asserted their legitimacy by challenging and inhabiting the public/private mapping. Highlighting the cultural politics of market governance, Stages of Capital is an unprecedented history of colonial commercial law, its legal fictions, and the formation of the modern economic subject in India.
Book Synopsis Law and Identity in Colonial South Asia by : Mitra Sharafi
Download or read book Law and Identity in Colonial South Asia written by Mitra Sharafi and published by Cambridge University Press. This book was released on 2016-09-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.
Book Synopsis The Transatlantic Constitution by : Mary Sarah Bilder
Download or read book The Transatlantic Constitution written by Mary Sarah Bilder and published by Harvard University Press. This book was released on 2008-03-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving, unwritten transatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlantic understood. The central tenet of this constitution—that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstances—shaped the legal development of the colonial world. Focusing on practices rather than doctrines, Bilder describes how the pragmatic and flexible conversation about this constitution shaped colonial law: the development of the legal profession; the place of English law in the colonies; the existence of equity courts and legislative equitable relief; property rights for women and inheritance laws; commercial law and currency reform; and laws governing religious establishment. Using as a case study the corporate colony of Rhode Island, which had the largest number of appeals of any mainland colony to the English Privy Council, she reconstructs a largely unknown world of pre-Constitutional legal culture.
Book Synopsis Legal Pluralism and Empires, 1500-1850 by : Lauren Benton
Download or read book Legal Pluralism and Empires, 1500-1850 written by Lauren Benton and published by NYU Press. This book was released on 2013-07-22 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historians used to imagine empire as an imperial power extending total domination over its colonies. Now, however, they understand empire as a site in which colonies and their constitutions were regulated by legal pluralism: layered and multicentric systems of law, which incorporated or preserved the law of conquered subjects. By placing the study of law in diverse early modern empires under the rubric of legal pluralism, Legal Pluralism and Empires, 1500-1850 offers both legal scholars and historians a much-needed framework for analyzing the complex and fluid legal politics of empires. Contributors analyze how ideas about law moved across vast empires, how imperial agents and imperial subjects used law, and how relationships between local legal practices and global ones played themselves out in the early modern world. The book's tremendous geographical breadth, including the British, French, Spanish, Ottoman, and Russian empires, gives readers the most comparative examination of legal pluralism to date. Lauren Benton is Professor of History, Affiliated Professor of Law, and Dean of the Graduate School of Arts and Science at New York University. Her books include A Search for Sovereignty: Law and Geography in European Empires, 1400-1900 and Law and Colonial Cultures: Legal Regimes in World History, 1400-1900. Richard J. Ross is Professor of Law and History at the University of Illinois (Urbana/Champaign) and Director of the Symposium on Comparative Early Modern Legal History. With Steven Wilf, he is currently working on a book, entitled: The Beginnings of American Law: A Comparative Study.
Book Synopsis A Search for Sovereignty by : Lauren Benton
Download or read book A Search for Sovereignty written by Lauren Benton and published by Cambridge University Press. This book was released on 2009-11-30 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Search for Sovereignty approaches world history by examining the relation of law and geography in European empires between 1400 and 1900. Lauren Benton argues that Europeans imagined imperial space as networks of corridors and enclaves, and that they constructed sovereignty in ways that merged ideas about geography and law. Conflicts over treason, piracy, convict transportation, martial law, and crime created irregular spaces of law, while also attaching legal meanings to familiar geographic categories such as rivers, oceans, islands, and mountains. The resulting legal and spatial anomalies influenced debates about imperial constitutions and international law both in the colonies and at home. This study changes our understanding of empire and its legacies and opens new perspectives on the global history of law.
Book Synopsis "Esteemed Bookes of Lawe" and the Legal Culture of Early Virginia by : Warren M. Billings
Download or read book "Esteemed Bookes of Lawe" and the Legal Culture of Early Virginia written by Warren M. Billings and published by University of Virginia Press. This book was released on 2017-02-24 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Virginia men of law constituted one of the first learned professions in colonial America, and Virginia legal culture had an important and lasting impact on American political institutions and jurisprudence. Exploring the book collections of these Virginians therefore offers insight into the history of the book and the intellectual history of early America. It also addresses essential questions of how English culture migrated to the American colonies and was transformed into a distinctive American culture. Focusing on the law books that colonial Virginians acquired, how they used them, and how they eventually produced a native-grown legal literature, this collection explores the law and intellectual culture of the Commonwealth and reveals the origins of a distinctively Virginian legal literature. The contributors argue that understanding the development of early Virginia legal history—as shown through these book collections—not only illuminates important aspects of Virginia’s history and culture; it also underlies a thorough understanding of colonial and revolutionary American history and culture.
Book Synopsis Between Law and Culture by : Lisa C. Bower
Download or read book Between Law and Culture written by Lisa C. Bower and published by U of Minnesota Press. This book was released on 2001 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens to legal thought when key terms-society, culture, power, justice, identity-become unsettled? With the boundaries defining sociolegal scholarship undergoing a profound shift, this book explores the intersections of law, culture, and identity. Sexuality, race, sports, and the politics of policing are among the topics the authors take up as they examine how law both reproduces and challenges fundamental notions of order, discipline, and identity. Contributors: Rosemary J. Coombe, U of Toronto; David M. Engel, SUNY, Buffalo; Marjorie Garber, Harvard U; Herman Gray, UC, Santa Cruz; Rona Tamiko Halualani, San Jos State U; David Harvey, CUNY; Deb Henderson; Yuen J. Huo, UCLA; S. Lily Mendoza, U of Denver; Trish Oberweis, American Justice Institute; Paul A. Passavant, Hobart and William Smith Colleges; Lisa E. Sanchez, U of Illinois; Carl F. Stychin, U of Reading; Tom R. Tyler, New York U; Christine A. Yalda.
Book Synopsis Exploring Law and Culture by : Dorothy H. Bracey
Download or read book Exploring Law and Culture written by Dorothy H. Bracey and published by Waveland Press. This book was released on 2005-11-14 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evocative and stimulating, engaging and timely, this small volume makes sense of the complicated and reciprocal relationship between law and culture. It starts with various definitions of law and the factors that anthropologists consider when they compare legal systems. Next, the experiences of exemplary researchers throughout history and some of the methods they used in their discoveries are discussed. Readers learn how to employ the comparative method and build a typology based on the source of a particular law by putting the world’s legal system into one of three categories: Western law, religious law, and traditional law. The book also tackles important issues such as formal law versus informal law, using law to legitimize power, and clashing values within a single legal system. Examples from fieldwork experiences and historical events offer readers a chance to see how a method has been applied or a concept developed—as well as how law and culture are intertwined in the real world.
Book Synopsis Colonizing Hawai'i by : Sally Engle Merry
Download or read book Colonizing Hawai'i written by Sally Engle Merry and published by Princeton University Press. This book was released on 2000-01-10 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does law transform family, sexuality, and community in the fractured social world characteristic of the colonizing process? The law was a cornerstone of the so-called civilizing process of nineteenth-century colonialism. It was simultaneously a means of transformation and a marker of the seductive idea of civilization. Sally Engle Merry reveals how, in Hawai'i, indigenous Hawaiian law was displaced by a transplanted Anglo-American law as global movements of capitalism, Christianity, and imperialism swept across the islands. The new law brought novel systems of courts, prisons, and conceptions of discipline and dramatically changed the marriage patterns, work lives, and sexual conduct of the indigenous people of Hawai'i.
Book Synopsis Legal Cultures and Human Rights by : Kirsten Hastrup
Download or read book Legal Cultures and Human Rights written by Kirsten Hastrup and published by BRILL. This book was released on 2021-08-04 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural diversity, as expressed for instance in different normative orders or legal cultures, poses both a practical and a theoretical challenge to the idea of universal human rights. In the present volume, the authors seek to address and contain this challenge with a view to the changing nature of the global society. While 'culture' is sometimes signposted as an obstacle to human rights on the ground, this volume suggests that in so far as the global 'culture of human rights' is primarily seen as a formal and institutional order based on a particular view of equal human worth, local cultures cannot trump it. The main point is that the culture of human rights is inclusive of all and must maintain a standard by which all peoples and cultures can measure their own performances. Further, and as demonstrated in the present volume from a range of disciplines such as law, literature, history and anthropology, culture is not a mental prison but a particular outlook upon the world, for ever changing in response to new experiences and insights.
Book Synopsis Law and the Transformation of Aztec Culture, 1500-1700 by : Susan Kellogg
Download or read book Law and the Transformation of Aztec Culture, 1500-1700 written by Susan Kellogg and published by University of Oklahoma Press. This book was released on 1995 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Susan Kellogg explains how Spanish law served as an instrument of cultural transformation and adaptation in the lives of Nahuatl-speaking peoples during the years 1500-1700 - the first two centuries of colonial rule. She shows that law had an impact on numerous aspects of daily life, especially gender relations, patterns of property ownership and transmission, and family and kinship organization. Based on a wide array of local-level Spanish and Nahuatl documentation and an intensive analysis of seventy-three lawsuits over property involving Indians residing in colonial Mexico City (Tenochtitlan), this work reveals how legal documentation offers important clues to attitudes and perceptions. Although Kellogg's analysis reflects contemporary and theoretical developments in social and literary theory, it also applies a unique ethnographic and textual approach to the subject.
Download or read book Latin American Law written by M. C. Mirow and published by University of Texas Press. This book was released on 2004-05-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: "M.C. Mirow has set himself a difficult task, to contribute a one-volume introduction to Latin American law in English, and he has succeeded admirably." —Law and History Review "The impressive scope of this book makes it a major contribution to Latin American legal history. . . . This is an excellent starting place for anyone interested in the legal history of the region, and it is essential reading for those seeking to understand the roots of contemporary Latin American politics and society." —Lauren Benton, New York University, author of Law and Colonial Cultures: Legal Regimes in World History, 1400-1900 Private law touches every aspect of people's daily lives—landholding, inheritance, private property, marriage and family relations, contracts, employment, and business dealings—and the court records and legal documents produced under private law are a rich source of information for anyone researching social, political, economic, or environmental history. But to utilize these records fully, researchers need a fundamental understanding of how private law and legal institutions functioned in the place and time period under study. This book offers the first comprehensive introduction in either English or Spanish to private law in Spanish Latin America from the colonial period to the present. M. C. Mirow organizes the book into three substantial sections that describe private law and legal institutions in the colonial period, the independence era and nineteenth century, and the twentieth century. Each section begins with an introduction to the nature and function of private law during the period and discusses such topics as legal education and lawyers, legal sources, courts, land, inheritance, commercial law, family law, and personal status. Each section also presents themes of special interest during its respective time period, including slavery, Indian status, codification, land reform, and development and globalization.
Book Synopsis Law and Identity in Colonial South Asia by : Mitra June Sharafi
Download or read book Law and Identity in Colonial South Asia written by Mitra June Sharafi and published by . This book was released on 2014-05-14 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India s independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis."
Book Synopsis Since Time Immemorial by : Yanna Yannakakis
Download or read book Since Time Immemorial written by Yanna Yannakakis and published by . This book was released on 2023-04-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
