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Vol 21 No 10 Oct/Nov 2016

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Lords of the Land: Indigenous Property Rights and the Jurisprudence of Empire


ISBN13: 9780199568659
Published: November 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £82.00



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The recognition and allocation of indigenous property rights have long posed complex questions for the imperial powers of the mid-nineteenth century and their modern successors. Recognizing rights of property raises questions about pre-existing indigenous authority and power over land that continue to trouble the people and governments of settler states.

Through focusing on the settlement of New Zealand during the critical period of the 1830s through to the early 1860s, this book offers a fresh assessment of the histories of indigenous property rights and the jurisprudence of empire. It shows how native title became not only a key construct for relations between Empire and tribes, but how it acted more broadly as a constitutional frame within which discourses of political authority formed and were contested at the heart of Empire and the colonial peripheries.

Native title thus becomes another episode in imperial political history in which increasingly fierce and highly polemical contestation burst into violence. Native title explodes as a form of civil war that lays the foundation (by Maori ever after challenged) for revised constitutional orders.

Lords of the Land considers histories of indigenous property rights not only as the stuff of entwined streams of a law of nations and constitutional theory but also as exemplars of the politics of negotiability - engaging relations of struggle and ambition for power, together with the openness and limits of incoming settler polities towards indigenous polities and laws.

This study is an examination of rights as instruments of analysis and political discourse, constructed and contested in and through time. Anchored in the striking experiences of New Zealand and the politics of trans-oceanic empire, it tells a tale of indigenous political autonomy and how the vocabularies of property rights mediated relations between empire and the indigenous political communities found in newly settled lands.

Subjects:
Legal History
Contents:
1. Preliminaries: Overture - Forging Native Title in an Empire of Variations, 1837-1862; 2. An Empire of Variations: Problems of Settlement and the Property Rights of Indigenous Populations; 3. Incredulity from a Distance: Disputing the Content of Indigenous Proprietary Entitlements, 1840-1844; 4. 'Vague Native Rights to Land': Constitutionalism, Native Title, and Pursuing Settling Spaces, 1844-1853; 5. Extricating 'Native Title from its Present Entanglement' - Recognising Diversity and the Problem of a Liberal Constitution; 6. Exploring the Dynamics and Consequences of 'Occasional Association'; 7. 'Tribunals Independent of a Prince': 1859-1862 Exploring the Dynamics and Consequences of 'Occasional Association' part II; 8. Conclusions: Constitutional Design and the Treaty of Waitangi: Balanced Constitutions, Native Title, and the Normativity of Political Constitutionalism; Bibliography

Series: Oxford Studies in Modern Legal History

A Jurisprudence of Power: Victorian Empire and the Rule of Law ISBN 9780199551941
Published September 2008
Oxford University Press
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A History of Water Rights at Common Law ISBN 9780199207602
Published June 2006
Oxford University Press
£34.99
A Jurisprudence of Power: Victorian Empire and the Rule of Law ISBN 9780198260769
Published December 2005
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£100.00
The Origins of Adversary Criminal Trial
John H. LangbeinSterling Professor of Law and Legal History, Yale University, USA
ISBN 9780199287239
Published September 2005
Oxford University Press
£33.99
The Origins of Adversary Criminal Trial (eBook)
John H. LangbeinSterling Professor of Law and Legal History, Yale University, USA
ISBN 9780191024498
Published September 2005
Oxford University Press
£28.32 + £5.66 VAT
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A History of Water Rights at Common Law
Joshua GetzlerFellow in Law, St Hugh's College, Oxford and Lecturer, University of Oxford
ISBN 9780198265818
Published March 2005
Oxford University Press
£83.00
Frederick Pollock and the English Juristic Tradition ISBN 9780199270224
Published October 2004
Oxford University Press
£95.00
The Origins of Adversary Criminal Trial
John H. LangbeinSterling Professor of Law and Legal History, Yale University, USA
ISBN 9780199258888
Published June 2003
Oxford University Press
£51.00
Private Property and Abuse of Rights in Victorian England ISBN 9780199256877
Published May 2003
Oxford University Press
£78.00
Advocacy and the Making of the Adversarial Criminal Trial 1800-1865 ISBN 9780198262848
Published July 1999
Oxford University Press
£83.00