Law Order And Empire
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Author | : Lauren Benton |
Publisher | : Harvard University Press |
Total Pages | : 296 |
Release | : 2016-10-03 |
Genre | : Law |
ISBN | : 0674972805 |
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
Author | : Ronald Dworkin |
Publisher | : |
Total Pages | : 0 |
Release | : 2011-11 |
Genre | : Law |
ISBN | : 9788175342569 |
In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
Author | : Lisa Ford |
Publisher | : Harvard University Press |
Total Pages | : 337 |
Release | : 2021-08-10 |
Genre | : Law |
ISBN | : 0674269519 |
How the imposition of Crown rule across the British Empire during the Age of Revolution corroded the rights of British subjects and laid the foundations of the modern police state. During the eighteenth and nineteenth centuries, the British Empire responded to numerous crises in its colonies, from North America to Jamaica, Bengal to New South Wales. This was the Age of Revolution, and the Crown, through colonial governors, tested an array of coercive peacekeeping methods in a desperate effort to maintain control. In the process these leaders transformed what it meant to be a British subject. In the decades after the American Revolution, colonial legal regimes were transformed as the king’s representatives ruled new colonies with an increasingly heavy hand. These new autocratic regimes blurred the lines between the rule of law and the rule of the sword. Safeguards of liberty and justice, developed in the wake of the Glorious Revolution, were eroded while exacting obedience and imposing order became the focus of colonial governance. In the process, many constitutional principles of empire were subordinated to a single, overarching rule: where necessary, colonial law could diverge from metropolitan law. Within decades of the American Revolution, Lisa Ford shows, the rights claimed by American rebels became unthinkable in the British Empire. Some colonial subjects fought back but, in the empire, the real winner of the American Revolution was the king. In tracing the dramatic growth of colonial executive power and the increasing deployment of arbitrary policing and military violence to maintain order, The King’s Peace provides important lessons on the relationship between peacekeeping, sovereignty, and political subjectivity—lessons that illuminate contemporary debates over the imbalance between liberty and security.
Author | : Kaius Tuori |
Publisher | : Cambridge University Press |
Total Pages | : 331 |
Release | : 2020-04-02 |
Genre | : History |
ISBN | : 1108483631 |
The history of exiles from Nazi Germany and the creation of the notion of a shared European legal tradition.
Author | : Lauren Benton |
Publisher | : NYU Press |
Total Pages | : 325 |
Release | : 2013-07-22 |
Genre | : Law |
ISBN | : 0814708188 |
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.
Author | : Jill Harries |
Publisher | : Cambridge University Press |
Total Pages | : 250 |
Release | : 2001-10-11 |
Genre | : History |
ISBN | : 9780521422734 |
This is the first systematic treatment in English by an historian of the nature, aims and efficacy of public law in late imperial Roman society from the third to the fifth century AD. Adopting an interdisciplinary approach, and using the writings of lawyers and legal anthropologists, as well as those of historians, the book offers new interpretations of central questions: What was the law of late antiquity? How efficacious was late Roman law? What were contemporary attitudes to pain, and the function of punishment? Was the judicial system corrupt? How were disputes settled? Law is analysed as an evolving discipline, within a framework of principles by which even the emperor was bound. While law, through its language, was an expression of imperial power, it was also a means of communication between emperor and subject, and was used by citizens, poor as well as rich, to serve their own ends.
Author | : Jennifer Pitts |
Publisher | : Harvard University Press |
Total Pages | : 305 |
Release | : 2018-03-16 |
Genre | : Political Science |
ISBN | : 0674980816 |
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.
Author | : Benjamin Allen Coates |
Publisher | : Oxford University Press |
Total Pages | : 297 |
Release | : 2016 |
Genre | : History |
ISBN | : 0190495952 |
'Legalist Empire' explores the intimate connections between international law and empire in the United States from 1898 to 1919.
Author | : David M. Lantigua |
Publisher | : Cambridge University Press |
Total Pages | : 373 |
Release | : 2020-06-18 |
Genre | : Law |
ISBN | : 1108498264 |
Examines early modern Spanish contributions to international relations by focusing on ambivalence of natural rights in European colonial expansion to the Americas.
Author | : Amy Bartholomew |
Publisher | : Pluto Press |
Total Pages | : 0 |
Release | : 2006-02-01 |
Genre | : Political Science |
ISBN | : 9780745323695 |
What is the legacy of the war in Iraq? Can democracy and human rights really be imposed "by fire and sword"? This book brings together some of the world's most outstanding theorists in the debate over empire and international law. They provide a uniquely lucid account of the relationship between American imperialism, the use and abuse of "humanitarian intervention", and its legal implications. Empire's Law is ideal for students who want a comprehensive critical introduction to the impact that the doctrine of pre-emptive war has had on our capacity to protect human rights and promote global justice. Leading contributors including Leo Panitch, Sam Gindin, Jurgen Habermas, Ulrich Preuss, Andrew Arato, Samir Amin, Reg Whitaker, Denis Halliday and Hans von Sponeck tackle a broad range of issues. Covering everything from the role of Europe and the UN, to people's tribunals, to broader theoretical accounts of the contradictions of war and human rights, the contributors offer new and innovative ways of examining the problems that we face. It is essential reading for all students who want a systematic framework for understanding the long-term consequences of imperialism.