Law and Colonial Cultures: Legal Regimes in World History, 1400-1900Cambridge University Press, 2002 - 285 pages Advances an interesting perspective in world history, arguing that institutions and culture - and not just the global economy - serve as important elements of international order. Focusing on colonial legal politics and the interrelation of local and indigenous cultural contests and institutional change, the book uses case studies to trace a shift in plural legal orders - from the multicentric law of early empires to the state-centered law of the colonial and postcolonial world. In the early modern world, the special legal status of cultural and religious others itself became an element of continuity across culturally diverse empires. In the nineteenth century, the state's assertion of a singular legal authority responded to repetitive legal conflicts - not simply to the imposition of Western models of governance. Indigenous subjects across time and in all settings were active in making, changing, and interpreting the law - and, by extension, in shaping the international order. |
Table des matières
Legal Regimes and Colonial Cultures | 1 |
Law in Diaspora The Legal Regime of the Atlantic World | 31 |
Order out of Trouble Jurisdictional Tensions in Catholic and Islamic Empires | 80 |
A Place for the State Legal Pluralism As a Colonial Project in Bengal and West Africa | 127 |
Subjects and Witnesses Cultural and Legal Hierarchies in the Cape Colony and New South Wales | 167 |
Constructing Sovereignty Extraterritoriality in the Oriental Republic of Uruguay | 210 |
Culture and the Rules of Law | 253 |
Bibliography | 267 |
283 | |
Expressions et termes fréquents
Aborigines administration African alcalde ordinario America appeals argued boundaries Brazil Brazilian British Cape Colony captives Chinese Christians church civil claims Cloete colonial legal communities complaints conflicts conquest convicts criminal crown cultural debates dhimmi disputes E.P. Thompson early ecclesiastical emancipists English established European example extraterritoriality foreign formal forums Franciscans French friars frontier global governor groups Hindu Iberian imperial Indians indigenous Inquisition institutional involving judges judicial jurisdictional complexity jurisdictional politics jurisdictional tensions justice Kercher Khoi land legal authority legal pluralism legal politics legal reform legal status legal systems litigants López magistrates maroons Montevideo Mughal Muslim nineteenth century numbers officials Ottoman Empire ouvidor Patna plural legal order Portuguese practice qadi regions religious rule secular settlement settlers shari'a shift slaves South Africa South Wales sovereignty Spain Spanish strategies structure subjects Sydney Gazette terra nullius territories tion trade treaty University Press Uruguay Uruguayan violence World History