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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Law and Colonial Cultures: Legal Regimes in World History, 1400-1900

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Lauren BentonNew Jersey Institute of Technology and Rutgers University

ISBN13: 9780521804141
ISBN: 0521804140
Published: October 2004
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £67.00

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Advances a new perspective in world history, arguing that institutions and culture - and not just the global economy - serve as important elements of international order. Focusing on colonial legal politics and the interrelation of local and indigenous cultural contests and institutional change, the book uses case studies to trace a shift in plural legal orders - from the multicentric law of early empires to the state-centered law of the colonial and postcolonial world. In the early modern world, the special legal status of cultural and religious others itself became an element of continuity across culturally diverse empires. In the nineteenth century, the state's assertion of a singular legal authority responded to repetitive legal conflicts - not simply to the imposition of Western models of governance. Indigenous subjects across time and in all settings were active in making, changing, and interpreting the law - and, by extension, in shaping the international order. Winner of the World History Association Prize 2003.

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Legal History
1. Legal regimes and colonial cultures
2. Law in diaspora: the legal regime of the Atlantic world
3. Order out of trouble: jurisdictional tensions in Catholic and Islamic Empires
4. A place for the state
Legal pluralism as a colonial project in Bengal and West Africa
5. Subjects and witnesses: cultural and legal hierarchies in the Cape Colony and New South Wales
6. Constructing sovereignty: extraterritoriality in the Oriental Republic of Uruguay
7. Culture and the rule(s) of law.