Sovereignty, Property and Empire, 1500–2000

Author: Andrew Fitzmaurice

Publisher: Cambridge University Press

ISBN: 9781316123904

Category: Political Science


View: 835

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.
International Law and Empire

Author: Martti Koskenniemi

Publisher: Oxford University Press

ISBN: 9780192515025

Category: Law

Page: 416

View: 582

In times in which global governance in its various forms, such as human rights, international trade law, and development projects, is increasingly promoted by transnational economic actors and international institutions that seem to be detached from democratic processes of legitimation, the question of the relationship between international law and empire is as topical as ever. By examining this relationship in historical contexts from early modernity to the present, this volume aims to deepen current understandings of the way international legal institutions, practices, and narratives have shaped specifically imperial ideas about and structures of world governance. As it explores fundamental ways in which international legal discourses have operated in colonial as well as European contexts, the book enters a heated debate on the involvement of the modern law of nations in imperial projects. Each of the chapters contributes to this emerging body of scholarship by drawing out the complexity and ambivalence of the relationship between international law and empire. They expand on the critique of western imperialism while acknowledging the nuances and ambiguities of international legal discourse and, in some cases, the possibility of counter-hegemonic claims being articulated through the language of international law. Importantly, as the book suggests that international legal argument may sometimes be used to counter imperial enterprises, it maintains that international law can barely escape the Eurocentric framework within which the progressive aspirations of internationalism were conceived
The Dutch Empire between Ideas and Practice, 1600–2000

Author: René Koekkoek

Publisher: Springer Nature

ISBN: 9783030275167

Category: History

Page: 239

View: 517

This volume explores the intellectual history of the Dutch Empire from a long-term and global perspective, analysing how ideas and visions of empire took shape in imperial practice from the seventeenth century to the present day. Through a series of case studies, the volume critically unearths deep-rooted conceptions of Dutch imperial exceptionalism and shows how visions of imperial rule were developed in metropolitan and colonial contexts and practices. Topics include the founding of the Dutch chartered companies for colonial trade, the development of commercial and global visions of empire in Europe and Asia, the continuities and ruptures in imperial ideas and practices around 1800, and the practical making of empire in colonial court rooms and radio broadcasting. Demonstrating the relevance of a long-term approach to the Dutch Empire, the volume showcases how the intellectual history of empire can provide fresh light on postcolonial repercussions of empire and imperial rule. Chapter 1, Chapter 3, Chapter 7 and Chapter 8 of this book are available open access under a CC BY 4.0 license at
Empire and Indigeneity

Author: Richard Price

Publisher: Routledge

ISBN: 9781000385960

Category: History

Page: 372

View: 996

Indigeneity is inseparable from empire, and the way empire responds to the Indigenous presence is a key historical factor in shaping the flow of imperial history. This book is about the consequences of the encounter in the early nineteenth century between the British imperial presence and the First Peoples of what were to become Australia and New Zealand. However, the shape of social relations between Indigenous peoples and the forces of empire does not remain constant over time. The book tracks how the creation of empire in this part of the world possessed long-lasting legacies both for the settler colonies that emerged and for the wider history of British imperial culture.
Property Rights in Land

Author: Rosa Congost

Publisher: Taylor & Francis

ISBN: 9781315439952

Category: Business & Economics

Page: 222

View: 428

Property Rights in Land widens our understanding of property rights by looking through the lenses of social history and sociology, discussing mainstream theory of new institutional economics and the derived grand narrative of economic development. As neo-institutional development theory has become a narrative in global history and political economy, the problem of promoting global development has arisen from creating the conditions for ‘good’ institutions to take root in the global economy and in developing societies. Written by a collection of expert authors, the chapters delve into social processes through which property relations became institutionalized and were used in social action for the appropriation of resources and rent. This was in order to gain a better understanding of the social processes intervening between the institutionalized ‘rules of the game’ and their economic and social outcomes. This collection of essays is of great interest to those who study economic history, historical sociology and economic sociology, as well as Agrarian and rural history.
Connected Empires, Connected Worlds

Author: Robert S.G. Fletcher

Publisher: Routledge

ISBN: 9781000596595

Category: History

Page: 284

View: 177

Connected Empires, Connected Worlds: Essays in Honour of John Darwin contains diverse essays on the expansion, experience, and decline of empires. The volume is offered in honour of John Darwin’s contribution to the study of empire and its endings. Written by his former students and colleagues, the book’s chapters discuss topics from the nineteenth, twentieth, and twenty-first centuries. While each author has contributed according to their expertise, they also reflect on how John’s ideas and approaches continue to stimulate new work in disparate fields. Touching on the experience of empire in Europe, Africa, Asia and Australasia, the authors have engaged with concepts from across Darwin’s writings, including his earlier work on decolonisation, ‘decline’, and ‘the dynamics of territorial expansion’. As such, the work in this volume operates across a number of different scales of analysis: from case studies of transnational communities, state formation and military intervention, to imperial politics, inter-imperial comparison, and global historical frameworks. The chapters in this book were originally published as a special issue of The Journal of Imperial and Commonwealth History.
Assembling the Local

Author: Upal Chakrabarti

Publisher: University of Pennsylvania Press

ISBN: 9780812297713

Category: Political Science

Page: 288

View: 880

In 1817, in a region of the eastern coast of British India then known as Cuttack, a group of Paiks, the area's landed militia, began agitating against the East India Company's government, burning down government buildings and looting the treasury. While the attacks were initially understood as an attempt to return the territory's native ruler to power, investigations following the rebellion's suppression traced the cause back to the introduction of a model of revenue governance unsuited to local conditions. Elsewhere in British India, throughout the first half of the nineteenth century, interregional debates over revenue settlement models and property disputes in villages revealed an array of practices of governance that negotiated with the problem of their applicability to local conditions. And at the same time in Britain, the dominant Ricardian conception of political economy was being challenged by thinkers like Richard Jones and William Whewell, who sought to make political economy an inductive science, capable of analyzing the real world. Through analyses of these three interrelated moments in British imperial history, Upal Chakrabarti's Assembling the Local engages with articulations of the "local" on multiple theoretical and empirical fronts, weaving them into a complex reflection on the problem of difference and a critical commentary on connections between political economy, agrarian property, and governance. Chakrabarti argues that the "local" should be reconceptualized as an abstract machine, central to the construction of the universal, namely, the establishment of political economy as a form of governance in nineteenth-century British India.
Rage for Order

Author: Lauren Benton

Publisher: Harvard University Press

ISBN: 9780674972803

Category: Law

Page: 264

View: 737

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.

Early Modern Sovereignties

Early Modern Sovereignties


Publisher: BRILL

ISBN: 9789004446267

Category: Law

Page: 320

View: 449

The essays in this volume explore the theories and practices of sovereignty in the context of state-building in the early modern Northern and Southern Low Countries. The book approaches this historical debate from three angles: (1) political theoretical, (2) legal, and (3) politico-historical.
The Right of Sovereignty

Author: Daniel Lee

Publisher: Oxford University Press

ISBN: 9780191072048

Category: Law

Page: 296

View: 520

Sovereignty is the vital organizing principle of modern international law. This book examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics. The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law.