An Empire of Laws
Legal Pluralism in British Colonial Policy
Seiten
2023
Yale University Press (Verlag)
978-0-300-25323-8 (ISBN)
Yale University Press (Verlag)
978-0-300-25323-8 (ISBN)
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.
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.
Christian R. Burset is Professor of Law at Notre Dame Law School. He lives in Chicago, IL, and South Bend, IN.
| Erscheinungsdatum | 07.11.2023 |
|---|---|
| Reihe/Serie | Yale Law Library Series in Legal History and Reference |
| Zusatzinfo | 17 b-w illus. |
| Sprache | englisch |
| Maße | 156 x 235 mm |
| Themenwelt | Geschichte ► Allgemeine Geschichte ► Neuzeit (bis 1918) |
| Geisteswissenschaften ► Geschichte ► Regional- / Ländergeschichte | |
| Geschichte ► Teilgebiete der Geschichte ► Militärgeschichte | |
| Recht / Steuern ► Rechtsgeschichte | |
| ISBN-10 | 0-300-25323-0 / 0300253230 |
| ISBN-13 | 978-0-300-25323-8 / 9780300253238 |
| Zustand | Neuware |
| Haben Sie eine Frage zum Produkt? |
Mehr entdecken
aus dem Bereich
aus dem Bereich
Europa 1848/49 und der Kampf für eine neue Welt
Buch | Hardcover (2023)
DVA (Verlag)
CHF 67,20
Giordano Bruno - ein ketzerisches Leben
Buch | Hardcover (2024)
C.H.Beck (Verlag)
CHF 41,85
