A Search for Sovereignty

Author: Lauren Benton
Publisher: Cambridge University Press
ISBN: 1107782716
Format: PDF, Kindle
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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.

A Search for Sovereignty

Author: Lauren Benton
Publisher: Cambridge University Press
ISBN: 9780521881050
Format: PDF, ePub, Mobi
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A Search for Sovereignty maps a new approach to 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 original study changes our understanding of empire and its legacies and opens new perspectives on the global history of law.

Legal Pluralism and Empires 1500 1850

Author: Richard J. Ross
Publisher: NYU Press
ISBN: 0814771165
Format: PDF, ePub
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Historians used to imagine empire as an imperial power extending total domination over its colonies. Now, however, they understand empire as a site in which colonies and their constitutions were regulated by legal pluralism: layered and multicentric systems of law, which incorporated or preserved the law of conquered subjects. By placing the study of law in diverse early modern empires under the rubric of legal pluralism, Legal Pluralism and Empires, 1500-1850 offers both legal scholars and historians a much-needed framework for analyzing the complex and fluid legal politics of empires. Contributors analyze how ideas about law moved across vast empires, how imperial agents and imperial subjects used law, and how relationships between local legal practices and global ones played themselves out in the early modern world. The book’s tremendous geographical breadth, including the British, French, Spanish, Ottoman, and Russian empires, gives readers the most comparative examination of legal pluralism to date. Lauren Benton is Professor of History, Affiliated Professor of Law, and Dean of the Graduate School of Arts and Science at New York University. Her books include A Search for Sovereignty: Law and Geography in European Empires, 1400-1900 and Law and Colonial Cultures: Legal Regimes in World History, 1400-1900. Richard J. Ross is Professor of Law and History at the University of Illinois (Urbana/Champaign) and Director of the Symposium on Comparative Early Modern Legal History. With Steven Wilf, he is currently working on a book, entitled: The Beginnings of American Law: A Comparative Study.

Boundaries

Author: Peter Sahlins
Publisher: Univ of California Press
ISBN: 0520074157
Format: PDF, Docs
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“Brilliant. . . . This fascinating exploration through three centuries of the frontier is rounded off with a perceptive and balanced appraisal of the nature of national identity within the context of the Pyrenees. . . . A study which is exciting, learned, and thought-provoking, a splendid example of interdisciplinary history at its best.”—Times Literary Supplement

Negotiated Authorities

Author: Jack P. Greene
Publisher: Rutgers University Press
ISBN: 9780813915173
Format: PDF, ePub, Docs
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These essays, drawn from the author's work since 1964, address three themes in American history in the century preceding the 1760s: authority in colonial British America; the political and constitutional development of these colonial entities; and shifting constitutional tensions within the empire.

Corporate Sovereignty

Author: Joshua Barkan
Publisher: U of Minnesota Press
ISBN: 0816686491
Format: PDF, ePub, Docs
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Refinery explosions. Accounting scandals. Bank meltdowns. All of these catastrophes—and many more—might rightfully be blamed on corporations. In response, advocates have suggested reforms ranging from increased government regulation to corporate codes of conduct to stop corporate abuses. Joshua Barkan writes that these reactions, which view law as a limit on corporations, misunderstand the role of law in fostering corporate power. In Corporate Sovereignty, Barkan argues that corporate power should be rethought as a mode of political sovereignty. Rather than treating the economic power of corporations as a threat to the political sovereignty of states, Barkan shows that the two are ontologically linked. Situating analysis of U.S., British, and international corporate law alongside careful readings in political and social theory, he demonstrates that the Anglo-American corporation and modern political sovereignty are founded in and bound together through a principle of legally sanctioned immunity from law. The problems that corporate-led globalization present for governments result not from regulatory failures as much as from corporate immunity that is being exported across the globe. For Barkan, there is a paradox in that corporations, which are legal creations, are given such power that they undermine the sovereignty of states. He notes that while the relationship between states and corporations may appear adversarial, it is in fact a kind of doubling in which state sovereignty and corporate power are both conjoined and in conflict. Our refusal to grapple with the peculiar nature of this doubling means that some of our best efforts to control corporations unwittingly reinvest the sovereign powers they oppose.

Law and the Transformation of Aztec Culture 1500 1700

Author: Susan Kellogg
Publisher: University of Oklahoma Press
ISBN: 9780806136851
Format: PDF, Kindle
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In this book, Susan Kellogg explains how Spanish law served as an instrument of cultural transformation and adaptation in the lives of Nahuatl-speaking peoples during the years 1500-1700 - the first two centuries of colonial rule. She shows that law had an impact on numerous aspects of daily life, especially gender relations, patterns of property ownership and transmission, and family and kinship organization. Based on a wide array of local-level Spanish and Nahuatl documentation and an intensive analysis of seventy-three lawsuits over property involving Indians residing in colonial Mexico City (Tenochtitlan), this work reveals how legal documentation offers important clues to attitudes and perceptions. Although Kellogg's analysis reflects contemporary and theoretical developments in social and literary theory, it also applies a unique ethnographic and textual approach to the subject.

Decolonising International Law

Author: Sundhya Pahuja
Publisher: Cambridge University Press
ISBN: 1139502069
Format: PDF, Docs
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The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.

Rage for Order

Author: Lauren Benton
Publisher: Harvard University Press
ISBN: 0674972805
Format: PDF, ePub, Docs
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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.