Sovereignty, Property and Empire, 1500-2000

Legal History

Sovereignty, Property and Empire, 1500-2000

By Andrew Fitzmaurice
Cambridge University Press February 2017

Specifications

ISBN-13
9781107433663
Publisher
Cambridge University Press
Publication
February 2017
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

Acknowledgements
1. Introduction
2. Occupation from Roman law to Salamanca
3. The Salamanca School in England
4. Occupation and convention
5. Theories of occupation in the eighteenth century
6. The Seven Years' War, land speculation and the American Revolution
7. Occupation in the nineteenth century
8. Res nullius and sovereignty
9. Territorium nullius and Africa
10. Terra nullius and the Polar regions
11. Conclusion
Bibliography
Index.
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