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Author : John M. Collins
Publisher : Cambridge University Press
Page : 335 pages
File Size : 48,6 Mb
Release : 2016-05-19
Category : History
ISBN : 9781107092877
A comprehensive history of martial law, outlining how it was a vital component of England's domestic and imperial legal order.
Author : Justine K. Collins
Publisher : Routledge
Page : 198 pages
File Size : 51,8 Mb
Release : 2021-12-29
Category : History
ISBN : 9781000515671
This book provides a legal historical insight into colonial laws on enslavement and the plantation system in the British West Indies. The volume is a work of comparative legal history of the English-speaking Caribbean which concentrates on how the laws of England served to catalyse the slavery laws and also legislation pertaining to post-emancipation societies. The book illustrates how these “borrowed” laws from England not only developed colonial slavery laws within the English-speaking Caribbean but also inspired the slavery codes of a number of North American plantation systems. The cusp of the work focuses on the interconnectivities among the English-speaking slave holding Atlantic and how persons, free and unfree, moved throughout the system and brought laws with them which greatly affected the various enslaved societies. The book will be essential reading for students and researchers interested in colonial slavery, Caribbean studies and Black and Atlantic history.
Author : Neil Murphy
Publisher : Cambridge University Press
Page : 315 pages
File Size : 48,5 Mb
Release : 2019-02-07
Category : History
ISBN : 9781108472012
Sheds fresh light on our understanding of violence, imperialism, and political centralisation in Tudor England.
Author : Christian R Burset
Publisher : Yale University Press
Page : 364 pages
File Size : 53,8 Mb
Release : 2023-09-26
Category : History
ISBN : 9780300274448
A compelling reexamination of how Britain used law to shape its empire For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years’ War (1754–63) as the world’s most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others, including parts of India and former French territories in North America, retained much of their previous legal regimes. As legal historian Christian R. Burset argues, determining how much English law a colony received depended on what kind of colony Britain wanted to create. Policymakers thought English law could turn any territory into an anglicized, commercial colony; legal pluralism, in contrast, would ensure a colony’s economic and political subordination. Britain’s turn to legal pluralism thus reflected the victory of a new vision of empire—authoritarian, extractive, and tolerant—over more assimilationist and egalitarian alternatives. Among other implications, this helps explain American colonists’ reverence for the common law: it expressed and preserved their equal status in the empire. This book, the first empire-wide overview of law as an instrument of policy in the eighteenth-century British Empire, offers an imaginative rethinking of the relationship between tolerance and empire.
Author : Francis Lieber,G. Norman Lieber
Publisher : Yale University Press
Page : 349 pages
File Size : 45,8 Mb
Release : 2019-07-23
Category : Law
ISBN : 9780300245189
A Civil War-era treatise addressing the power of governments in moments of emergency The last work of Abraham Lincoln’s law of war expert Francis Lieber was long considered lost—until Will Smiley and John Fabian Witt discovered it in the National Archives. Lieber’s manuscript on emergency powers and martial law addresses important contemporary debates in law and political philosophy and stands as a significant historical discovery. As a key legal advisor to the Lincoln White House, Columbia College professor Francis Lieber was one of the architects and defenders of Lincoln’s most famous uses of emergency powers during the Civil War. Lieber’s work laid the foundation for rules now accepted worldwide. In the years after the war, Lieber and his son turned their attention to the question of emergency powers. The Liebers’ treatise addresses a vital question, as prominent since 9/11 as it was in Lieber’s lifetime: how much power should the government have in a crisis? The Liebers present a theory that aims to preserve legal restraint, while giving the executive necessary freedom of action. Smiley and Witt have written a lucid introduction that explains how this manuscript is a key discovery in two ways: both as a historical document and as an important contribution to the current debate over emergency powers in constitutional democracies.
Author : Michael Lobban,Ian Williams
Publisher : Cambridge University Press
Page : 353 pages
File Size : 49,8 Mb
Release : 2020-09-03
Category : Law
ISBN : 9781108490887
Explores networks of lawyers, legislators and litigators, and how they shape legal development in Britain and the world.
Author : William Eves,John Hudson,Ingrid Ivarsen,Sarah B. White
Publisher : Cambridge University Press
Page : 349 pages
File Size : 50,6 Mb
Release : 2021-04-15
Category : History
ISBN : 9781108845274
A selection of outstanding papers from the 24th British Legal History Conference, celebrating scholarship in comparative legal history.
Author : Gwilym Dodd,Craig Taylor
Publisher : Boydell & Brewer
Page : 249 pages
File Size : 47,5 Mb
Release : 2020
Category : History
ISBN : 9781903153956
New approaches to the political culture of the fourteenth and fifteenth centuries, considering its complex relation to monarchy and state.
Author : Jane Ohlmeyer
Publisher : Oxford University Press
Page : 359 pages
File Size : 43,7 Mb
Release : 2023-11-09
Category : History
ISBN : 9780192693525
Ireland was England's oldest colony. Making Empire revisits the history of empire in Ireland—in a time of Brexit, 'the culture wars', and the campaigns around 'Black Lives Matter' and 'Statues must fall'—to better understand how it has formed the present, and how it might shape the future. Empire and imperial frameworks, policies, practices, and cultures have shaped the history of the world for the last two millennia. It is nation states that are the blip on the historical horizon. Making Empire re-examines empire as process—and Ireland's role in it—through the lens of early modernity. It covers the two hundred years, between the mid-sixteenth century and the mid-eighteenth century, that equate roughly to the timespan of the First English Empire (c.1550-c.1770s). Ireland was England's oldest colony. How then did the English empire actually function in early modern Ireland and how did this change over time? What did access to European empires mean for people living in Ireland? This book answers these questions by interrogating four interconnected themes. First, that Ireland formed an integral part of the English imperial system, Second, that the Irish operated as agents of empire(s). Third, Ireland served as laboratory in and for the English empire. Finally, it examines the impact that empire(s) had on people living in early modern Ireland. Even though the book's focus will be on Ireland and the English empire, the Irish were trans-imperial and engaged with all of the early modern imperial powers. It is therefore critical, where possible and appropriate, to look to other European and global empires for meaningful comparisons and connections in this era of expansionism. What becomes clear is that colonisation was not a single occurrence but an iterative and durable process that impacted different parts of Ireland at different times and in different ways. That imperialism was about the exercise of power, violence, coercion and expropriation. Strategies about how best to turn conquest into profit, to mobilise and control Ireland's natural resources, especially land and labour, varied but the reality of everyday life did not change and provoked a wide variety of responses ranging from acceptance and assimilation to resistance. This book, based on the 2021 James Ford Lectures, Oxford University, suggests that the moment has come revisit the history of empire, if only to better understand how it has formed the present, and how this might shape the future.
Author : Markus D. Dubber,Christopher Tomlins
Publisher : Oxford University Press
Page : 1152 pages
File Size : 55,6 Mb
Release : 2018-07-26
Category : Law
ISBN : 9780192513144
Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
Author : Abhishek Singhvi,Khagesh Gautam
Publisher : Springer Nature
Page : 336 pages
File Size : 41,5 Mb
Release : 2020-10-30
Category : Law
ISBN : 9789811529979
This book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book’s content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like – what is the true meaning of ‘martial law’; who can invoke ‘martial law’; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of ‘emergency powers,’ these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy.
Author : D. J. B. Trim,Brendan Simms
Publisher : Hurst Publishers
Page : 401 pages
File Size : 40,8 Mb
Release : 2024-04-25
Category : History
ISBN : 9781805262206
Britain has historically been seen as an upholder of international norms, at least in its relations with western powers. This has often been contrasted with the violence perpetrated in colonial contexts on other continents. What is often missed, however, is the extent to which the state with its capital in London—first England, then Great Britain—inflicted extreme violence on its European neighbours, even when still using the rhetoric of neighbourliness and friendship. This book comprises eleven case-studies of Anglo-British strategic violence, from the siege of Harfleur in 1415 to the fire-bombing of Hamburg in 1943. Chapters examine actions that were top-down and directed, and perpetrated for specific geopolitical reasons—many of them at, or well beyond, the bounds of what was sanctioned by prevailing international norms at the time. The contributors look at how these actions were conceived, executed and perceived by the English/British public, by the international legal community of the time, and by the victims. This history of English violence in Europe complicates not only easy notions of England/Britain as a champion of the ‘standards of civilisation’ or of the ‘liberal international order’, but also of the supposed distinction between ‘European’ and ‘extra-European’ warfare.
Author : Steven J. Gunn
Publisher : Oxford University Press
Page : 314 pages
File Size : 49,7 Mb
Release : 2018
Category : HISTORY
ISBN : 9780198802860
War should be recognised as one of the defining features of life in the England of Henry VIII. Henry fought many wars throughout his reign, and this book explores how this came to dominate English culture and shape attitudes to the king and to national history, with people talking and reading about war, and spending money on weaponry and defence.
Author : Carlton F.W. Larson
Publisher : Oxford University Press
Page : 320 pages
File Size : 55,9 Mb
Release : 2019-08-30
Category : History
ISBN : 9780190932756
The Trials of Allegiance examines the law of treason during the American Revolution: a convulsive, violent civil war in which nearly everyone could be considered a traitor, either to Great Britain or to America. Drawing from extensive archival research in Pennsylvania, one of the main centers of the revolution, Carlton Larson provides the most comprehensive analysis yet of the treason prosecutions brought by Americans against British adherents: through committees of safety, military tribunals, and ordinary criminal trials. Although popular rhetoric against traitors was pervasive in Pennsylvania, jurors consistently viewed treason defendants not as incorrigibly evil, but as fellow Americans who had made a political mistake. This book explains the repeated and violently controversial pattern of acquittals. Juries were carefully selected in ways that benefited the defendants, and jurors refused to accept the death penalty as an appropriate punishment for treason. The American Revolution, unlike many others, would not be enforced with the gallows. More broadly, Larson explores how the Revolution's treason trials shaped American national identity and perceptions of national allegiance. He concludes with the adoption of the Treason Clause of the United States Constitution, which was immediately put to use in the early 1790s in response to the Whiskey Rebellion and Fries's Rebellion. In taking a fresh look at these formative events, The Trials of Allegiance reframes how we think about treason in American history, up to and including the present.
Author : David Cressy
Publisher : Oxford University Press
Page : 555 pages
File Size : 41,5 Mb
Release : 2020-10-30
Category : History
ISBN : 9780192598523
England's Islands in a Sea of Troubles examines the jurisdictional disputes and cultural complexities in England's relationship with its island fringe from Tudor times to the eighteenth century, and traces island privileges and anomalies to the present. It tells a dramatic story of sieges and battles, pirates and shipwrecks, prisoners and prophets, as kings and commoners negotiated the political, military, religious, and administrative demands of the early modern state. The Channel Islands, the Isle of Wight, the Isles of Scilly, the Isle of Man, Lundy, Holy Island and others emerge as important offshore outposts that long remained strange, separate, and perversely independent. England's islands were difficult to govern, and were prone to neglect, yet their strategic value far outweighed their size. Though vulnerable to foreign threats, their harbours and castles served as forward bases of English power. In civil war they were divided and contested, fought over and occupied. Jersey and the Isles of Scilly served as refuges for royalists on the run. Charles I was held on the Isle of Wight. External authority was sometimes light of touch, as English governments used the islands as fortresses, commercial assets, and political prisons. London was often puzzled by the linguistic differences, tangled histories, and special claims of island communities. Though increasingly integrated within the realm, the islands maintained challenging peculiarities and distinctive characteristics. Drawing on a wide range of sources, and the insights of maritime, military, and legal scholarship, this is an original contribution to social, cultural, and constitutional history.