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Legal Histories of Empire: Navigating Legalities

Legal Histories of Empire: Navigating Legalities

Author: Lyndsay Campbell; Shaunnagh Dorsett
Publisher: Routledge
ISBN: 9781032616179
Published In: October 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This collection brings together an international group of scholars in order to provide new insights into the diversity of imperial legalities.

Across empires, legalities were produced not just – or even – through the imperial imposition of laws and legal forms, but through local processes of negotiation and contestation. Far from the metropoles, local actors found ways to creatively navigate and subvert imperial frameworks and laws and to create space in which to shape new legalities, responsive to local circumstance and need. Covering topics as diverse as smuggling in eighteenth century Jersey, the criminalisation of female market women in World War II-era southern Nigeria, and whiteness and race in ‘sexual perversion’ cases in twentieth-century Malaya, the collection elaborates new legal histories of empire. Drawing from Britain, Ireland, Australia, Canada, the USA, India, Sri Lanka, Africa and Malaysia, the collection brings together chapters that examine the stories of the peoples of empires and shows how they constituted, experienced, navigated and subverted the legal complexities of living under empire.

This book will be of interest to scholars and researchers in law and history, but also to those with relevant interests in post-colonial and cultural studies, as well as in criminology and sociology.

1. Navigating Legalities: Legal Histories of Empires

Lyndsay Campbell and Shaunnagh Dorsett

Part 1: Legalities

2. Gerald of Wales, John Davies, and the Laws of the Irish in an English Colonial Perspective

Craig Lyons

3. Constituting a Colonial Crisis: Kielley v. Carson, St. John’s, 1838-43

Lyndsay Campbell

4. Recrafting Subjecthood through Exceptional Laws in the Nineteenth-Century British Empire

Amanda Nettelbeck

5. Making Empire: Writing the 1833 Ceylon Charter of Justice and Curial Reform in the British Empire

Shaunnagh Dorsett

Part 2: Negotiating Legalities

6. Resisting and Extending Empire: How the Acadian People Shaped British and French Imperial Rule Through the Strategic Use of Law

Robert Hamilton

7. Arbitration and Empire: The Anti-Adjudicatory State in Bengal and British America, 1763–1775

Christian R. Burset

8. Legally Interconnecting Empires in the Americas: The Circulation of ‘Foreign’ Law Books in Québec and Louisiana from the 17th to the Early 19th Century

Serge Dauchy

9. Protestant State, Catholic Subjects: Religion, Law and Caste in Early Colonial Madras

Aparna Balachandran

10. Goomany Naik: Fragments of A ‘Non-Traditional’ Legal Biography

Nishant Gokhale

Part 3: Subverting Empire: Legalities and Illegalities

11. Creative Friction, Legal Pluralism and the Eighteenth-Century Smuggling Economy in the Channel Islands

David Chan Smith

12. The ‘Price’ of War: The Criminalization and Punishment of Profiteers in Southern Nigeria during World War II

Yolanda Chinelo Osondu

13. Anxieties of Whiteness: Evidence, Race, and Emotions in the (Non-)Prosecution of the “Malayan ‘Sexual Perversion’ Cases,” 1938-1940

Jack Jin Gary Lee