An Empire of Laws: Legal Pluralism in British Colonial Policy (Yale Law Library Series in Legal History and Reference)
$75.00
Description
Book Synopsis: A compelling reexamination of how Britain used law to shape its empire
For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years’ War (1754–63) as the world’s most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others, including parts of India and former French territories in North America, retained much of their previous legal regimes.
As legal historian Christian R. Burset argues, determining how much English law a colony received depended on what kind of colony Britain wanted to create. Policymakers thought English law could turn any territory into an anglicized, commercial colony; legal pluralism, in contrast, would ensure a colony’s economic and political subordination. Britain’s turn to legal pluralism thus reflected the victory of a new vision of empire—authoritarian, extractive, and tolerant—over more assimilationist and egalitarian alternatives. Among other implications, this helps explain American colonists’ reverence for the common law: it expressed and preserved their equal status in the empire.
This book, the first empire-wide overview of law as an instrument of policy in the eighteenth-century British Empire, offers an imaginative rethinking of the relationship between tolerance and empire.
Details
Discover the captivating world of British colonial policy with "An Empire of Laws: Legal Pluralism in British Colonial Policy." Immerse yourself in a compelling reexamination of how Britain used law to shape its empire, offering a fresh perspective on this fascinating period in history.
For years, Britain sought to enforce its own laws on the peoples it conquered, with English common law being the norm. However, as the world's most dominant empire after the Seven Years' War, a new strategy emerged. Enter legal pluralism - a system where different colonies retained their previous legal regimes. This approach reflected a vision of empire that was both authoritarian and extractive, while also allowing for tolerance of diverse legal systems.
With "An Empire of Laws," legal historian Christian R. Burset explores how determining the extent of English law adopted by each colony was driven by Britain's desired outcomes for that particular region. By understanding this context, it becomes clear why the American colonists held the common law in such high regard. The common law symbolized and preserved their equal status within the empire.
This highly anticipated book is the first empire-wide overview of law as a powerful instrument of policy in the eighteenth-century British Empire. By delving into the relationship between tolerance and empire, it provides fresh insights and a rich understanding of this historical era. Don't miss out on uncovering the hidden layers of British colonial policy with "An Empire of Laws."
Ready to explore the intricate world of British colonial policy? Dive into "An Empire of Laws: Legal Pluralism in British Colonial Policy" now and gain a new perspective on this remarkable period in history. Click here to get your hands on this fascinating book.
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