Sovereignty Property And Empire 1500 2000

Adopting a global approach, Fitzmaurice analyses the laws that shaped modern European empires from medieval times to the twentieth century.

This book provides a strikingly original explanation of the Britain's treatment of sovereignty and native title in its Australasian colonies.

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

This volume takes a fresh approach to the issue of ‘space’ in intellectual history and puts forward novel ways of rendering conceptions of space useful for historians of political thought. Notions of ‘space’ have become increasingly important to the practice of intellectual historians in recent years. This is evidenced by emerging locutions such as ‘the international turn’, ‘global intellectual history’, and ‘political space’. Thus far, however, it is still unclear what it actually means to take ‘space’ seriously in intellectual history, and what we might gain from doing so. Ranging from the early modern period to the twentieth century, the contributions to this volume span a variety of diverse topics and showcase the rewards of a spatial focus in intellectual history, both as a kind of place and as an organising principle. The book reconstructs the role of the modern territorial state in grounding reflection on political legitimacy; the interface between oceans and empires as a source of political reflection; and the curious antecedents of today’s spatial turn in German and Indian visions of geopolitics in the interwar years. In doing so, it makes a contribution to an ever-growing field. This book was originally published as a special issue of Global Intellectual History.

Lauren Benton and Lisa Ford find the origins of international law in empires, especially in the British Empire’s sprawling efforts to refashion the imperial constitution and reorder the world. These attempts touched on all the issues of the early nineteenth century, from slavery to revolution, and changed the way we think about the empire’s legacy.

A Search for Sovereignty approaches world history by examining the relation of law and geography in European empires between 1400 and 1900. Lauren Benton argues that Europeans imagined imperial space as networks of corridors and enclaves, and that they constructed sovereignty in ways that merged ideas about geography and law. Conflicts over treason, piracy, convict transportation, martial law, and crime created irregular spaces of law, while also attaching legal meanings to familiar geographic categories such as rivers, oceans, islands, and mountains. The resulting legal and spatial anomalies influenced debates about imperial constitutions and international law both in the colonies and at home. This study changes our understanding of empire and its legacies and opens new perspectives on the global history of law.

In times in which global governance in its various forms, such as human rights, international trade law, and development projects, is increasingly promoted by transnational economic actors and international institutions that seem to be detached from democratic processes of legitimation, the question of the relationship between international law and empire is as topical as ever. By examining this relationship in historical contexts from early modernity to the present, this volume aims to deepen current understandings of the way international legal institutions, practices, and narratives have shaped specifically imperial ideas about and structures of world governance. As it explores fundamental ways in which international legal discourses have operated in colonial as well as European contexts, the book enters a heated debate on the involvement of the modern law of nations in imperial projects. Each of the chapters contributes to this emerging body of scholarship by drawing out the complexity and ambivalence of the relationship between international law and empire. They expand on the critique of western imperialism while acknowledging the nuances and ambiguities of international legal discourse and, in some cases, the possibility of counter-hegemonic claims being articulated through the language of international law. Importantly, as the book suggests that international legal argument may sometimes be used to counter imperial enterprises, it maintains that international law can barely escape the Eurocentric framework within which the progressive aspirations of internationalism were conceived

Humanism and America provides a major study of the impact of the Renaissance and Renaissance humanism upon the English colonization of America. The analysis is conducted through an interdisciplinary examination of a broad spectrum of writings on colonization, ranging from the works of Thomas More to those of the Virginia Company. Andrew Fitzmaurice shows that English expansion was profoundly neo-classical in inspiration, and he excavates the distinctively humanist tradition that informed some central issues of colonization: the motivations of wealth and profit, honour and glory; the nature of and possibilities for liberty; and the problems of just title, including the dispossession of native Americans. Dr Fitzmaurice presents a colonial tradition which, counter to received wisdom, is often hostile to profit, nervous of dispossession and desirous of liberty. Only in the final chapters does he chart the rise of an aggressive, acquisitive and possessive colonial ideology.