Legal Pluralism And Empires 1500 1850

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Legal Pluralism and Empires, 1500-1850

Author : Lauren Benton
Publisher : NYU Press
ISBN 13 : 0814708188
Total Pages : 325 pages
Book Rating : 4.8/5 (147 download)

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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 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.

Religion and Legal Pluralism

Author : Dr Russell Sandberg
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 140945584X
Total Pages : 301 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Religion and Legal Pluralism by : Dr Russell Sandberg

Download or read book Religion and Legal Pluralism written by Dr Russell Sandberg and published by Ashgate Publishing, Ltd.. This book was released on 2015-07-28 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognised by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.

Justice in a New World

Author : Brian P Owensby
Publisher : NYU Press
ISBN 13 : 1479858919
Total Pages : 341 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Justice in a New World by : Brian P Owensby

Download or read book Justice in a New World written by Brian P Owensby and published by NYU Press. This book was released on 2019-01-15 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: A historical and legal examination of the conflict and interplay between settler and indigenous laws in the New World As British and Iberian empires expanded across the New World, differing notions of justice and legality played out against one another as settlers and indigenous people sought to negotiate their relationship. In order for settlers and natives to learn from, maneuver, resist, or accommodate each other, they had to grasp something of each other's legal ideas and conceptions of justice. This ambitious volume advances our understanding of how natives and settlers in both the British and Iberian New World empires struggled to use the other’s ideas of law and justice as a political, strategic, and moral resource. In so doing, indigenous people and settlers alike changed their own practices of law and dialogue about justice. Europeans and natives appealed to imperfect understandings of their interlocutors’ notions of justice and advanced their own conceptions during workaday negotiations, disputes, and assertions of right. Settlers’ and indigenous peoples’ legal presuppositions shaped and sometimes misdirected their attempts to employ each other’s law. Natives and settlers construed and misconstrued each other's legal commitments while learning about them, never quite sure whether they were on solid ground. Chapters explore the problem of “legal intelligibility”: How and to what extent did settler law and its associated notions of justice became intelligible—tactically, technically and morally—to natives, and vice versa? To address this question, the volume offers a critical comparison between English and Iberian New World empires. Chapters probe such topics as treaty negotiations, land sales, and the corporate privileges of indigenous peoples. Ultimately, Justice in a New World offers both a deeper understanding of the transformation of notions of justice and law among settlers and indigenous people, and a dual comparative study of what it means for laws and moral codes to be legally intelligible.

An Empire of Laws

Author : Christian R. Burset
Publisher : Yale University Press
ISBN 13 : 0300253230
Total Pages : 271 pages
Book Rating : 4.3/5 (2 download)

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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.

Author :
Publisher :
ISBN 13 : 1479807249
Total Pages : pages
Book Rating : 4.4/5 (798 download)

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Download or read book written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

A History of Law in Canada, Vol. 1

Author : Philip Girard
Publisher : University of Toronto Press
ISBN 13 : 1487504632
Total Pages : 928 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis A History of Law in Canada, Vol. 1 by : Philip Girard

Download or read book A History of Law in Canada, Vol. 1 written by Philip Girard and published by University of Toronto Press. This book was released on 2018-01-01 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.

Law and Colonial Cultures

Author : Lauren Benton
Publisher : Cambridge University Press
ISBN 13 : 9780521009263
Total Pages : 304 pages
Book Rating : 4.0/5 (92 download)

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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.

A Search for Sovereignty

Author : Lauren Benton
Publisher : Cambridge University Press
ISBN 13 : 1107782716
Total Pages : pages
Book Rating : 4.1/5 (77 download)

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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 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.

The Oxford Handbook of Transnational Law

Author : Peer Zumbansen
Publisher : Oxford University Press
ISBN 13 : 0197547419
Total Pages : 1246 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of Transnational Law by : Peer Zumbansen

Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

Native Claims

Author : Saliha Belmessous
Publisher : OUP USA
ISBN 13 : 0199794855
Total Pages : 287 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Native Claims by : Saliha Belmessous

Download or read book Native Claims written by Saliha Belmessous and published by OUP USA. This book was released on 2012 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking collection of essays shows that, from the moment European expansion commenced through to the twentieth century, indigenous peoples from America, Africa, Australia and New Zealand drafted legal strategies to contest dispossession. The story of indigenous resistance to European colonization is well known. But legal resistance has been wrongly understood to be a relatively recent phenomenon. These essays demonstrate how indigenous peoples throughout the world opposed colonization not only with force, but also with ideas. They made claims to territory using legal arguments drawn from their own understanding of a law that applies between peoples - a kind of law of nations, comparable to that being developed by Europeans. The contributors to this volume argue that in the face of indigenous legal arguments, European justifications of colonization should be understood not as an original and originating legal discourse but, at least in part, as a form of counter-claim. Native Claims: Indigenous Law against Empire, 1500-1920 brings together the work of eminent social and legal historians, literary scholars, and philosophers, including Rolena Adorno, Lauren Benton, Duncan Ivison, and Kristin Mann. Their combined expertise makes this volume uniquely expansive in its coverage of a crucial issue in global and colonial history. The various essays treat sixteenth- and seventeenth-century Latin America, seventeenth- and eighteenth-century North America (including the British colonies and French Canada), and nineteenth-century Australasia and Africa. There is no other book that examines the issue of European dispossession of native peoples in such a way.

The Oxford Handbook of European Legal History

Author : Heikki Pihlajamäki
Publisher : Oxford University Press
ISBN 13 : 0191088374
Total Pages : 1264 pages
Book Rating : 4.1/5 (91 download)

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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.

The Oxford Handbook of Global Legal Pluralism

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
ISBN 13 : 0197516742
Total Pages : 1133 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman

Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Rage for Order

Author : Lauren Benton
Publisher : Harvard University Press
ISBN 13 : 0674972805
Total Pages : 264 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Rage for Order by : Lauren Benton

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.

The Cambridge History of America and the World: Volume 1, 1500–1820

Author : Eliga Gould
Publisher : Cambridge University Press
ISBN 13 : 1108317812
Total Pages : 1073 pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis The Cambridge History of America and the World: Volume 1, 1500–1820 by : Eliga Gould

Download or read book The Cambridge History of America and the World: Volume 1, 1500–1820 written by Eliga Gould and published by Cambridge University Press. This book was released on 2022-03-03 with total page 1073 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first volume of The Cambridge History of America and the World examines how the United States emerged out of a series of colonial interactions, some involving indigenous empires and communities that were already present when the first Europeans reached the Americas, others the adventurers and settlers dispatched by Europe's imperial powers to secure their American claims, and still others men and women brought as slaves or indentured servants to the colonies that European settlers founded. Collecting the thoughts of dynamic scholars working in the fields of early American, Atlantic, and global history, the volume presents an unrivalled portrait of the human richness and global connectedness of early modern America. Essay topics include exploration and environment, conquest and commerce, enslavement and emigration, dispossession and endurance, empire and independence, new forms of law and new forms of worship, and the creation and destruction when the peoples of four continents met in the Americas.

Pluralism in International Criminal Law

Author : Elies van Sliedregt
Publisher : OUP Oxford
ISBN 13 : 019100829X
Total Pages : 410 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Pluralism in International Criminal Law by : Elies van Sliedregt

Download or read book Pluralism in International Criminal Law written by Elies van Sliedregt and published by OUP Oxford. This book was released on 2014-10-02 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

Sovereignty, Property and Empire, 1500-2000

Author : Andrew Fitzmaurice
Publisher : Cambridge University Press
ISBN 13 : 1107076498
Total Pages : 401 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Sovereignty, Property and Empire, 1500-2000 by : Andrew Fitzmaurice

Download or read book Sovereignty, Property and Empire, 1500-2000 written by Andrew Fitzmaurice and published by Cambridge University Press. This book was released on 2014-10-23 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting a global approach, Fitzmaurice analyses the laws that shaped modern European empires from medieval times to the twentieth century.

A Companion to Mill

Author : Christopher Macleod
Publisher : John Wiley & Sons
ISBN 13 : 1118736362
Total Pages : 600 pages
Book Rating : 4.1/5 (187 download)

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Book Synopsis A Companion to Mill by : Christopher Macleod

Download or read book A Companion to Mill written by Christopher Macleod and published by John Wiley & Sons. This book was released on 2018-04-12 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Companion offers a state-of-the-art survey of the work of John Stuart Mill — one which covers the historical influences on Mill, his theoretical, moral and social philosophy, as well as his relation to contemporary movements. Its contributors include both senior scholars with established expertise in Mill's thought and new emerging interpreters. Each essay acts as a "go-to" resource for those seeking to understand an aspect of Mill's thought or to familiarise themselves with the contours of a debate within the scholarship. The Companion is a key reference on Mill's theory of liberty and utilitarianism, but also provides a valuable resource on lesser-known aspects of his work, including his epistemology, metaphysics, and philosophy of language. The volume is divided into six sections. Part I covers Mill's life, his immediate posthumous reputation, and his own telling of his life-story. Part II brings together an accessible and comprehensive summary of the various influences on Mill's thought. Part III offers an account of the foundations of Mill’s philosophy and his thought on key philosophic topics. Parts IV and V tackle issues from Mill's moral and social philosophy. Part VI concludes with a treatment of the broader aspects of Mill’s thought, tracing his relation to major movements in philosophy.