Historiography Empire And The Rule Of Law

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Historiography, Empire and the Rule of Law

Author : Ian Duncanson
Publisher : Routledge
ISBN 13 : 1136626816
Total Pages : 330 pages
Book Rating : 4.1/5 (366 download)

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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.

Legal Histories of the British Empire

Author : Shaunnagh Dorsett
Publisher :
ISBN 13 : 9781138950870
Total Pages : 255 pages
Book Rating : 4.9/5 (58 download)

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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.

Rage for Order

Author : Lauren Benton
Publisher : Harvard University Press
ISBN 13 : 0674972805
Total Pages : 296 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 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law burst on the scene as a new field in the late nineteenth century. Where did it come from? Rage for Order finds the origins of international law in empires—especially in the British Empire’s sprawling efforts to refashion the imperial constitution and use it to order the world in the early part of that century. “Rage for Order is a book of exceptional range and insight. Its successes are numerous. At a time when questions of law and legalism are attracting more and more attention from historians of 19th-century Britain and its empire, but still tend to be considered within very specific contexts, its sweep and ambition are particularly welcome...Rage for Order is a book that deserves to have major implications both for international legal history, and for the history of modern imperialism.” —Alex Middleton, Reviews in History “Rage for Order offers a fresh account of nineteenth-century global order that takes us beyond worn liberal and post-colonial narratives into a new and more adventurous terrain.” —Jens Bartelson, Australian Historical Studies

Law, history, colonialism

Author : Diane Kirkby
Publisher : Manchester University Press
ISBN 13 : 1526119706
Total Pages : 320 pages
Book Rating : 4.5/5 (261 download)

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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.

The Oxford Handbook of Legal History

Author : Markus D. Dubber
Publisher : Oxford University Press
ISBN 13 : 0192513133
Total Pages : 1152 pages
Book Rating : 4.1/5 (925 download)

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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.

An Empire on Trial

Author : Martin J. Wiener
Publisher : Cambridge University Press
ISBN 13 : 1139473441
Total Pages : 401 pages
Book Rating : 4.1/5 (394 download)

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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.

Ottoman Rule of Law and the Modern Political Trial

Author : Avi Rubin
Publisher : Syracuse University Press
ISBN 13 : 9780815635970
Total Pages : 0 pages
Book Rating : 4.6/5 (359 download)

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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 0 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 remains 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.

The Oxford Handbook of European Legal History

Author : Heikki Pihlajamäki
Publisher : Oxford University Press
ISBN 13 : 0191088374
Total Pages : 1217 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 1217 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.

End of History and the Last Man

Author : Francis Fukuyama
Publisher : Simon and Schuster
ISBN 13 : 1416531785
Total Pages : 464 pages
Book Rating : 4.4/5 (165 download)

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Book Synopsis End of History and the Last Man by : Francis Fukuyama

Download or read book End of History and the Last Man written by Francis Fukuyama and published by Simon and Schuster. This book was released on 2006-03-01 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since its first publication in 1992, The End of History and the Last Man has provoked controversy and debate. Francis Fukuyama's prescient analysis of religious fundamentalism, politics, scientific progress, ethical codes, and war is as essential for a world fighting fundamentalist terrorists as it was for the end of the Cold War. Now updated with a new afterword, The End of History and the Last Man is a modern classic.

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.

Empire of Law

Author : Kaius Tuori
Publisher : Cambridge University Press
ISBN 13 : 1108483631
Total Pages : 331 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Empire of Law by : Kaius Tuori

Download or read book Empire of Law written by Kaius Tuori and published by Cambridge University Press. This book was released on 2020-04-02 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of exiles from Nazi Germany and the creation of the notion of a shared European legal tradition.

Colonial Justice in British India

Author : Elizabeth Kolsky
Publisher : Cambridge University Press
ISBN 13 : 9781107404137
Total Pages : 0 pages
Book Rating : 4.4/5 (41 download)

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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.

Legalist Empire

Author : Benjamin Allen Coates
Publisher : Oxford University Press
ISBN 13 : 0190495952
Total Pages : 297 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Legalist Empire by : Benjamin Allen Coates

Download or read book Legalist Empire written by Benjamin Allen Coates and published by Oxford University Press. This book was released on 2016 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Legalist Empire' explores the intimate connections between international law and empire in the United States from 1898 to 1919.

Mr. Mothercountry

Author : Keally D. McBride
Publisher : Oxford University Press
ISBN 13 : 0190252979
Total Pages : 217 pages
Book Rating : 4.1/5 (92 download)

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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: In Mr. Mothercountry, Keally McBride draws on original archival research of the writings of James 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.

The Oxford Handbook of the History of International Law

Author : Bardo Fassbender
Publisher : OUP Oxford
ISBN 13 : 019163252X
Total Pages : 1272 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of the History of International Law by : Bardo Fassbender

Download or read book The Oxford Handbook of the History of International Law written by Bardo Fassbender and published by OUP Oxford. This book was released on 2012-11-01 with total page 1272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.

The Rule of Empires

Author : Timothy Parsons
Publisher : Oxford University Press
ISBN 13 : 0199746192
Total Pages : 494 pages
Book Rating : 4.1/5 (997 download)

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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.

Define and Rule

Author : Mahmood Mamdani
Publisher : Harvard University Press
ISBN 13 : 0674071271
Total Pages : 139 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Define and Rule by : Mahmood Mamdani

Download or read book Define and Rule written by Mahmood Mamdani and published by Harvard University Press. This book was released on 2012-10-30 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.