Legal Histories of the British Empire
This book is a major contribution to our understanding of the role played by law(s) in the British Empire. Using a variety of interdisciplinary approaches, the authors provide in-depth analyses that shine new light on the role of law in creating the people and places of the British Empire. Ranging from the United States, through Calcutta, across Australasia to the Gold Coast, these essays seek to investigate laws central place in the British Empire, and the role of its agents in embedding British rule and culture in colonial territories.
One of the first collections to provide a sustained engagement with the legal histories of the British Empire, in particular beyond the settler colonies, this work aims to encourage further scholarship and new approaches to the writing of the histories of that empire. Legal Histories of the British Empire: Laws, engagements and legacies will be not only of value to legal scholars and graduate students, but also of interest to all of those who want to know more about the laws in and of the British Empire.
Shaunnagh Dorsett is Professor of Law at the University of Technology, Sydney. Her work focuses on CrownIndigenous relations in colonial New South Wales/New Zealand and sovereignty formation in the first half of the nineteenth century.
John McLaren is Emeritus Professor of Law, University of Victoria, British Columbia. His research interests lie in the field of Canadian and Comparative Colonial Legal History. He has written widely and edited several books of essays in those fields.
First published 2014
by Routledge
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2014 Shaunnagh Dorsett and John McLaren
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British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Legal histories of the British empire : laws, engagements and legacies / edited by Shaunnaugh Dorsett and John McLaren.
pages cm
A GlassHouse Book.
ISBN 978-0-415-72892-8 (hardback) ISBN 978-1-315-85145-7 (ebk)
1. Law Great Britain Colonies History. 2. Law Commonwealth countries History. I. Dorsett, Shaunnagh, editor of compilation. II. Mclaren, John, editor of compilation.
KD5020.L44 2014
349.11241 dc23
2013042929
ISBN: 978-0-415-72892-8 (hbk)
ISBN: 978-1-315-85145-7 (ebk)
Typeset in Baskerville and Gill Sans
by Florence Production Limited, Stoodleigh, Devon, UK
Contents
SHAUNNAGH DORSETT AND JOHN MCLAREN
JOHN MCLAREN
BONNY IBHAWOH
NANDINI CHATTERJEE
BRIDGET BRERETON
STACEY HYND
SUGATA NANDI
RENISA MAWANI
PHILIP GIRARD
STEPHANIE PO-YIN CHUNG
JOHN STRAWSON
SHAUNNAGH DORSETT
ALLISON GORSUCH
DANA RABIN
BARRY WRIGHT
GUILLEMETTE CROUZET
Bridget Brereton is Emerita Professor of History at the Trinidad campus of the University of the West Indies. She is the author of several books, including Race Relations in Colonial Trinidad, 18701900 ; A History of Modern Trinidad, 17831962 ; Law, Justice and Empire: The Colonial Career of John Gorrie, 18291892 , as well as many journal articles and book chapters. She is the editor of The Caribbean in the Twentieth Century , Volume V of the UNESCO General History of the Caribbean , and the editor or co-editor of several other books.
Nandini Chatterjee is Lecturer in History at the University of Exeter, UK. She is the author of The Making of Indian Secularism: Empire, Law and Christianity, 18301960 (Palgrave, 2011), and of articles related to family and property disputes, personal status laws and identity negotiations, which have been published in journals such as Modern Asian Studies, Comparative Studies in Society and History and American Historical Review . She is currently working on projects related to Islamic law in colonial and pre-colonial India.
Stephanie Po-Yin Chung received her PhD from Oxford University. She is now Professor in the Department of History, Hong Kong Baptist University. Her research focuses on social and economic history, business history, history of business laws and customs, migration and enterprises in South China and South East Asia. She is the author of Chinese Business Groups in Hong Kong and Political Changes in South China, 19001925 (Macmillan), and has published articles in journals such as Modern Asian Studies and Asia Europe Journal .
Agrge dhistoire, Guillemette Crouzet is currently finishing her PhD in late modern history at the Sorbonne University. She is currently an assistant senior lecturer in the history department of her university. She specializes in the history of the Arabo-Persian Gulf, of the Middle East, of the Indian Ocean and of South Asia in the Long Nineteenth Century. Her PhD research is focused on British imperialism in the Gulf from 1810 to the First World War, looking specifically at the globalization of this space under British rule. She has published in the areas of slavery, the slave trade, the pearl trade and British imperialism in the Gulf and in the Indian Ocean, in both French and international Journals.
Shaunnagh Dorsett is Professor of Law in the Faculty of Law at the University of Technology, Sydney. She publishes in the areas of legal history, legal theory and indigenous rights. When writing legal history her research is focused on CrownIndigenous relations in colonial Australia and New Zealand and the reform of civil procedure in the empire in the nineteenth century. She is a member of the Editorial Committee of the Journal of Legal History and, from 201214, is the President of the Australia New Zealand Law and History Society. Her most recent books are Dorsett, McVeigh Jurisdiction (Routledge, 2012) and Dorsett, Hunter (eds) Law and Politics in British Colonial Thought: Transpositions of Empire (Palgrave Macmillan, 2010).
Philip Girard recently moved to Osgoode Hall Law School, York University from the Schulich School of Law at Dalhousie University, where he spent much of his career. His book Lawyers and Legal Culture in British North America: Beamish Murdoch of Halifax (2011) won the Clio Atlantic Award of the Canadian Historical Association, while his biography Bora Laskin: Bringing Law to Life (2005, reissued 2013) won the Chalmers Award for Ontario history. Philip is associate editor of the Osgoode Society for Canadian Legal History and an Honorary Fellow of the American Society for Legal History.
Allison Gorsuch is a JD/PhD candidate in History at Yale University. Her dissertation explores race, citizenship and slavery law in the courts of the nineteenth-century Midwestern United States. She also writes about modern-day slavery law from a historical perspective. She completed her BA at the University of Michigan.