Rage for Order

Author: Lauren Benton,Lisa Ford

Publisher: Harvard University Press

ISBN: 0674737466

Category: History

Page: 282

View: 8983

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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.

Rage for Order

Author: Lauren Benton,Lisa Ford

Publisher: Harvard University Press

ISBN: 0674972805

Category: Law

Page: 264

View: 1864

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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.

A Search for Sovereignty

Law and Geography in European Empires, 1400–1900

Author: Lauren Benton

Publisher: Cambridge University Press

ISBN: 1107782716

Category: History

Page: N.A

View: 3796

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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.

Boundaries of the International

Law and Empire

Author: Jennifer Pitts

Publisher: Harvard University Press

ISBN: 0674980816

Category: History

Page: 188

View: 4208

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It is commonly believed that international law originated in respectful relations among free and equal European states. But as Jennifer Pitts shows, international law was forged as much through Europeans' domineering relations with non-European states and empires, leaving a legacy visible in the unequal structures of today's international order.

Legal Pluralism and Empires, 1500-1850

Author: Lauren Benton,Richard J. Ross

Publisher: NYU Press

ISBN: 0814708188

Category: Law

Page: 336

View: 771

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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.

Sovereignty, Property and Empire, 1500–2000

Author: Andrew Fitzmaurice

Publisher: Cambridge University Press

ISBN: 1316123901

Category: Political Science

Page: N.A

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This book analyses the laws that shaped modern European empires from medieval times to the twentieth century. Its geographical scope is global, including the Americas, Europe, Africa, Asia, Australia and the Poles. Andrew Fitzmaurice focuses upon the use of the law of occupation to justify and critique the appropriation of territory. He examines both discussions of occupation by theologians, philosophers and jurists, as well as its application by colonial publicists and settlers themselves. Beginning with the medieval revival of Roman law, this study reveals the evolution of arguments concerning the right to occupy through the School of Salamanca, the foundation of American colonies, seventeenth-century natural law theories, Enlightenment philosophers, eighteenth-century American colonies and the new American republic, writings of nineteenth-century jurists, debates over the carve up of Africa, twentieth-century discussions of the status of Polar territories, and the period of decolonisation.

The Channel

Author: Renaud Morieux

Publisher: Cambridge University Press

ISBN: 1107039495

Category: History

Page: 418

View: 1945

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The English Channel was a border which connected, as much as it separated, France and England in the eighteenth century.

Foundations of Modern International Thought

Author: David Armitage

Publisher: Cambridge University Press

ISBN: 0521807077

Category: History

Page: 300

View: 8080

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This insightful and wide-ranging volume traces the genesis of international intellectual thought, connecting international and global history with intellectual history.

Law and Politics in British Colonial Thought

Transpositions of Empire

Author: S. Dorsett,I. Hunter

Publisher: Springer

ISBN: 0230114385

Category: History

Page: 276

View: 1349

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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.

Sovereigns, Quasi Sovereigns, and Africans

Race and Self-determination in International Law

Author: Siba N'Zatioula Grovogui

Publisher: U of Minnesota Press

ISBN: 9780816626670

Category: Political Science

Page: 282

View: 8270

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Sovereigns, Quasi Sovereigns, and Africans was first published in 1996. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. In this trenchant critique, Siba N'Zatioula Grovogui demonstrates the failure of international law to address adequately the issues surrounding African self-determination during decolonization. Challenging the view that the only requirement for decolonization is the elimination of the legal instruments that provided for direct foreign rule, Sovereigns, Quasi Sovereigns, and Africans probes the universal claims of international law. Grovogui begins by documenting the creation of the "image of Africa" in European popular culture, examining its construction by conquerors and explorers, scientists and social scientists, and the Catholic Church. Using the case of Namibia to illuminate the general context of Africa, he demonstrates that the principles and rules recognized in international law today are not universal, but instead reflect relations of power and the historical dominance of specific European states. Grovogui argues that two important factors have undermined the universal applicability of international law: its dependence on Western culture and the way that international law has been structured to preserve Western hegemony in the international order. This dependence on Europeandominated models and legal apparatus has resulted in the paradox that only rights sanctioned by the former colonial powers have been accorded to the colonized, regardless of the latter's needs. In the case of Namibia, Grovogui focuses on the discursive strategies used by the West and their southern African allies to control the legal debate, as well as the tactics used by the colonized to recast the terms of the discussion. Grovogui blends critical legal theory, historical research, political economy, and cultural studies with profound knowledge of contemporary Africa in general and Namibia in particular. Sovereigns, Quasi Sovereigns, and Africans represents the very best of the new scholarship, moving beyond narrow disciplinary boundaries to illuminate issues of decolonization in Africa. Siba N'Zatioula Grovogui is assistant professor of political science at Johns Hopkins University. He previously practiced law in his native Guinea.

Empire and Information

Intelligence Gathering and Social Communication in India, 1780-1870

Author: Christopher Alan Bayly,C. A. Bayly

Publisher: Cambridge University Press

ISBN: 9780521663601

Category: History

Page: 412

View: 6943

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Christopher Bayly, already established as one of the most eminent historians of his day, writes a penetrating account of the evolution of British intelligence in India. He describes how Indian spies were recruited to secure political and social information about their subjects, and how the colonial authorities interpreted, and, in some cases, misinterpreted the information supplied. This book will become a classic in the field of Indian and imperian history, and will be read by both scholar and student alike.

Law and Identity in Colonial South Asia

Parsi Legal Culture, 1772–1947

Author: Mitra Sharafi

Publisher: Cambridge University Press

ISBN: 1139868063

Category: History

Page: N.A

View: 8897

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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.

The Slave Trade and the Origins of International Human Rights Law

Author: Jenny S. Martinez

Publisher: OUP USA

ISBN: 0195391624

Category: History

Page: 254

View: 9380

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As Jenny Martinez shows in this groundbreaking new book, the international human rights law that we know today is not solely a post-World War II development, as most scholars claim, but rather has roots in one of the nineteenth century's central moral causes: the movement to ban the international slave trade. Martinez focuses in particular on international courts for the suppression of the slave trade. The courts, which were created by treaties and based in the Caribbean, West Africa,Cape Town, and Brazil, helped free more than 80,000 Africans from captured slave ships between 1807 and 1871. Here then, buried in the dusty archives of admiralty courts, ships' logs, and the British foreign office, Martinez uncovers the foundations of contemporary human rights law: international courts exercising jurisdiction over crimes against humanity" long before the Nuremberg trials. Fueled by a powerful thesis and drawing on novel evidence, Martinez's work will reshape the fields of human rights history and international human rights law."

Napoleon's Other War

Bandits, Rebels and Their Pursuers in the Age of Revolutions

Author: Michael Broers

Publisher: Peter Lang

ISBN: 9781906165116

Category: History

Page: 232

View: 4467

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The wars of Napoleon are among the best-known and most exciting episodes in world history. Less well known is the uproar the armies stirred up in their path, and even more, the chaos they left in their wake. The 'knock-on effect' of Napoleon's sweep across Europe went further than is often remembered: his invasion of Spain triggered the collapse of the Spanish Empire in Latin America, and his meddling in the Balkans destabilised the Ottomans. Many places had been riven with banditry and popular tumult from time immemorial, characteristics which worsened in the havoc wrought by the wars. Other areas had known relative calm before the arrival of the French in 1792, but even the most pacific societies were disrupted by these conflagrations. Behind the battle fronts raged other conflicts, 'little wars' - the "guerrilla" (the term was born in these years) - and bigger ones, where whole provinces rose up in arms. Bandits often stood at the centre of these 'dirty wars' of ambushes, night raids, living hard in tough terrain, of plunder, rapine and early, violent death, which spread across the whole western world from Constantinople to Chile. Everywhere, they threw up unlikely characters - ordinary men who emerged as leaders, bandits who became presidents, priests who became warriors, lawyers who became murdering criminals. In studying these varying fortunes, Michael Broers provides an insight into a lost world of peasant life, a world Napoleon did so much to sweep away.

Across Oceans of Law

The Komagata Maru and Jurisdiction in the Time of Empire

Author: Renisa Mawani

Publisher: Duke University Press

ISBN: 0822372126

Category: Law

Page: 352

View: 6717

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In 1914 the British-built and Japanese-owned steamship Komagata Maru left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered by railway contractor and purported rubber planter Gurdit Singh, the ship and its passengers were denied entry into Canada and two months later were deported to Calcutta. In Across Oceans of Law Renisa Mawani retells this well-known story of the Komagata Maru. Drawing on "oceans as method"—a mode of thinking and writing that repositions land and sea—Mawani examines the historical and conceptual stakes of situating histories of Indian migration within maritime worlds. Through close readings of the ship, the manifest, the trial, and the anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's landing raised urgent questions regarding the jurisdictional tensions between the common law and admiralty law, and, ultimately, the legal status of the sea. By following the movements of a single ship and bringing oceans into sharper view, Mawani traces British imperial power through racial, temporal, and legal contests and offers a novel method of writing colonial legal history.

The Politics of International Law

Author: Martti Koskenniemi

Publisher: Bloomsbury Publishing

ISBN: 1847317766

Category: Law

Page: 388

View: 1673

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Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.

The Continental System

An Economic Interpretation

Author: Eli F. Heckscher

Publisher: Cosimo, Inc.

ISBN: 1602060266

Category: Business & Economics

Page: 440

View: 9381

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Working amidst the global economic turmoil of World War I and the blockade of his neutral homeland, Swedish economist and historian ELI FILIP HECKSCHER (1879-1952) produced this provocative and widely influential analysis of European commercial conflict from the late 17th century through the early 19th century: . What was the impact of the British blockade of France in the 1790s? . How did the national debt and credit system of Britain affect its monetary warfare? . What part did the British colonies in America and later the new United States play in the European economic conflict? . What was done with confiscated goods? . How did smuggling and corruption in the early 1800s change the balance of power? This interpretation of the centuries-long economic clash between Britain, France, and their allies, first published 1922, remains an intriguing work of history today.

The Guardians

The League of Nations and the Crisis of Empire

Author: Susan Pedersen

Publisher: Oxford University Press

ISBN: 0190226390

Category: History

Page: 416

View: 1629

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Winner of the Cundill Prize in Historical Literature Shortlisted for the Lionel Gelber Prize At the end of the First World War, the Paris Peace Conference saw a battle over the future of empire. The victorious allied powers wanted to annex the Ottoman territories and German colonies they had occupied; Woodrow Wilson and a groundswell of anti-imperialist activism stood in their way. France, Belgium, Japan and the British dominions reluctantly agreed to an Anglo-American proposal to hold and administer those allied conquests under "mandate" from the new League of Nations. In the end, fourteen mandated territories were set up across the Middle East, Africa and the Pacific. Against all odds, these disparate and far-flung territories became the site and the vehicle of global transformation. In this masterful history of the mandates system, Susan Pedersen illuminates the role the League of Nations played in creating the modern world. Tracing the system from its creation in 1920 until its demise in 1939, Pedersen examines its workings from the realm of international diplomacy; the viewpoints of the League's experts and officials; and the arena of local struggles within the territories themselves. Featuring a cast of larger-than-life figures, including Lord Lugard, King Faisal, Chaim Weizmann and Ralph Bunche, the narrative sweeps across the globe-from windswept scrublands along the Orange River to famine-blighted hilltops in Rwanda to Damascus under French bombardment-but always returns to Switzerland and the sometimes vicious battles over ideas of civilization, independence, economic relations, and sovereignty in the Geneva headquarters. As Pedersen shows, although the architects and officials of the mandates system always sought to uphold imperial authority, colonial nationalists, German revisionists, African-American intellectuals and others were able to use the platform Geneva offered to challenge their claims. Amid this cacophony, imperial statesmen began exploring new means - client states, economic concessions - of securing Western hegemony. In the end, the mandate system helped to create the world in which we now live. A riveting work of global history, The Guardians enables us to look back at the League with new eyes, and in doing so, appreciate how complex, multivalent, and consequential this first great experiment in internationalism really was.

The Politics of Fiscal Privilege in Provence, 1530s-1830s

Author: Rafe Blaufarb

Publisher: CUA Press

ISBN: 0813219507

Category: Business & Economics

Page: 299

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Rafe Blaufarb examines the interwoven problems of taxation and social privilege in this treatment of the contention over fiscal privilege between the seigneurial nobility and the tax-payers of Provence

The Old Regime and the Haitian Revolution

Author: Malick W. Ghachem

Publisher: Cambridge University Press

ISBN: 0521836808

Category: History

Page: 350

View: 8522

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"The Haitian Revolution (1789-1804) was an epochal event that galvanized slaves and terrified planters throughout the Atlantic world. Rather than view this tumultuous period solely as a radical rupture with slavery, Malick W. Ghachem's innovative study shows that emancipation in Haiti was also a long-term product of its colonial legal history. Ghachem takes us deep into this volatile colonial past, digging beyond the letter of the law and vividly re-enacting such episodes as the extraordinary prosecutionof a master for torturing and killing his slaves. This book brings us face-to-face with the revolutionary invocation of Old Regime law by administrators seeking stability, but also by free people of color and slaves demanding citizenship and an end to brutality. The result is a subtle yet dramatic portrait of the strategic stakes of colonial governance in the land that would become Haiti"--Provided by publisher.