Sovereignty And Possession In The English New World

How did English notions of sovereignty, empire and law impact their methods of settlement in the Americas?

Drawing on recent trends in both Atlantic and center-periphery literature, this book examines the relationship between the English crown - monarch, privy council, and ancillary bodies - and its Atlantic colonies under the early Stuart monarchs, James I and Charles I, circa 1603-1642.

Legal, theological and philosophical analysis of the ideology of colonialism. Focuses on sovereignty and right of self-government of Amerindians, leading to present "aboriginal problems" such as those posed by the Canadian constitutional affirmation of "existing aboriginal and treaty rights of the aboriginal people of Canada."

Freedom Bound is about the origins of modern America - a history of colonizing, work and civic identity from the beginnings of English presence on the mainland until the Civil War. It is a history of migrants and migrations, of colonizers and colonized, of households and servitude and slavery, and of the freedom all craved and some found. Above all it is a history of the law that framed the entire process. Freedom Bound tells how colonies were planted in occupied territories, how they were populated with migrants - free and unfree - to do the work of colonizing and how the newcomers secured possession. It tells of the new civic lives that seemed possible in new commonwealths and of the constraints that kept many from enjoying them. It follows the story long past the end of the eighteenth century until the American Civil War, when - just for a moment - it seemed that freedom might finally be unbound.

This groundbreaking collection of essays shows that, from the moment European expansion commenced through to the twentieth century, indigenous peoples from America, Africa, Australia and New Zealand drafted legal strategies to contest dispossession. The story of indigenous resistance to European colonization is well known. But legal resistance has been wrongly understood to be a relatively recent phenomenon. These essays demonstrate how indigenous peoples throughout the world opposed colonization not only with force, but also with ideas. They made claims to territory using legal arguments drawn from their own understanding of a law that applies between peoples - a kind of law of nations, comparable to that being developed by Europeans. The contributors to this volume argue that in the face of indigenous legal arguments, European justifications of colonization should be understood not as an original and originating legal discourse but, at least in part, as a form of counter-claim. Native Claims: Indigenous Law against Empire, 1500-1920 brings together the work of eminent social and legal historians, literary scholars, and philosophers, including Rolena Adorno, Lauren Benton, Duncan Ivison, and Kristin Mann. Their combined expertise makes this volume uniquely expansive in its coverage of a crucial issue in global and colonial history. The various essays treat sixteenth- and seventeenth-century Latin America, seventeenth- and eighteenth-century North America (including the British colonies and French Canada), and nineteenth-century Australasia and Africa. There is no other book that examines the issue of European dispossession of native peoples in such a way.

This collection of essays asserts the specific value of world history research and teaching, showing how the field contributes to the larger historical profession and offering concrete suggestions to develop more interaction between the academy and the public. The twelve contributors, each with their own academic areas of interest, are experienced scholars and classroom teachers. Uniting them together in this volume is their professional relationship with Jerry H. Bentley (1949–2012). This shared connection served as a catalyst to showcase Bentley’s enduring legacy: a commitment to investigating large-scale questions with detailed empirical evidence that explains the human condition—documenting both patterns of similarity and difference in ways that account for regional and temporal variations. The volume continues Bentley’s meticulous attention to world historical methods: focus on scale, cross-cultural encounter, comparison, periodization, critical geography, and interdisciplinarity. Encounters Old and New in World History responds to provocations that Jerry Bentley tendered in his scholarship and through his professional activities. Contributors interrogate the institutional settings, disciplinary proclivities, methodological choices, and diverse source bases of world history research and teaching. Several essays address the ways in which present-day concerns influence research on local and global scales. Other essays pay particular attention to the production and circulation of knowledge across regional, temporal, and class boundaries, as well as between the academy and the wider public. Claiming the centrality of globally informed and focused approaches to historical inquiry, researchers continue the conversations that Bentley carried on through his own scholarship, teaching, editing of the Journal of World History, participating in public forums, and contributing to public discussions about the place of history in understanding today’s global integration. The stakes involved in asking questions about the shared history of humankind continue to increase in the current era of intensified globalization. It is incumbent upon scholars with the skills to work across linguistic, geographic, temporal, and disciplinary boundaries to show the ways that cross-cultural encounters happened historically, and to point out how such interactions play out in the institutions, classrooms, and public debates where historical interpretations are created and shared.

This volume addresses the political contexts in which nineteenth-century American literature was conceived, consumed, and criticized. It shows how a variety of literary genres and forms, such as poetry, drama, fiction, oratory, and nonfiction, engaged with political questions and participated in political debate.

Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.