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Keywords: legal pluralism
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Chapter
“Bundles of Hyphens” Corporations as Legal Communities in the Early Modern British Empire
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Philip J. Stern
Published: 22 July 2013
... first provides an overview of corporate sovereignty, corporate colonies, and corporate government before discussing how legal pluralism became a source of jurisdictional tension and fissure, not only between corporations and the state but also within and among corporations themselves. British Empire...
Chapter
Published: 22 July 2013
...This chapter examines several aspects of legal pluralism in the Ottoman Empire by focusing on Jewish, Christian, and Islamic courts within the Ottoman millet system. It explains why the legal politics of the empire was important and how potential conflict within and between...
Chapter
Rules of Law, Politics of Empire
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Jane Burbank and Frederick Cooper
Published: 22 July 2013
...This chapter examines how the normality of legal pluralism often turned the management of multiple jurisdictions into “conventional practice.” It argues that the habit of being legally pluralistic was connected to the more conspicuous problems of defending and extending imperial power. It also...
Chapter
Published: 20 September 2013
...—and to themselves. Examining rarely used personal correspondence by these soldiers, the chapter captures the lived experience of legal pluralism among ordinary Americans who found themselves pulled between two legal orders, civilian and military, in the extraordinary circumstance of a civil war fought at home...
Book
Legal Pluralism and Empires, 1500-1850
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Richard J. Ross and Lauren Benton (ed.)
Published online: 24 March 2016
Published in print: 22 July 2013
...This book advances our understanding of law and empire in the early modern world. It exposes new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining...
Chapter
Empires and Legal Pluralism: Jurisdiction, Sovereignty, and Political Imagination in the Early Modern World
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Lauren Benton and Richard J. Ross
Published: 22 July 2013
...This book explores the changing structures and processes of legal pluralism as well as the many different ways of imagining and describing legal pluralism in empires. It considers the complex and contingent configuration of imperial law as a set of fluid institutional and cultural practices rather...
Chapter
Litigating Empire: The Role of French Courts in Establishing Colonial Sovereignties
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Helen Dewar
Published: 22 July 2013
...This chapter examines the role of legal pluralism in the construction of sovereignty in New France. More specifically, it considers how courts established colonial sovereignties in the French Empire. After providing a historical background on French attempts at colonization in North America during...
Chapter
Reconstructing Early Modern Notions of Legal Pluralism
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Richard J. Ross and Philip J. Stern
Published: 22 July 2013
...This chapter examines the diverse intellectual traditions that informed Europeans' thinking and writing about legal pluralism. More specifically, it reconstructs some of the ideological frameworks, vocabularies, and concepts used by early modern Europeans, including the idea of the social contract...
Chapter
Magistrates in Empire: Convicts, Slaves, and the Remaking of the Plural Legal Order in the British Empire
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Lauren Benton and Lisa Ford
Published: 22 July 2013
...This chapter examines the place of convicts and slaves in the remaking of legal pluralism in the British Empire. It considers the role of magistrates in regulating the exercise of masters' jurisdiction over slaves and convicts in sites of unfree labor. Using two case studies, one from the Leeward...
Chapter
Between Justice and Economics: “Indians” and Reformism in Eighteenth-Century Spanish Imperial Thought
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Brian P. Owensby
Published: 22 July 2013
... as well as the practice of legal pluralism in the New World. It also analyzes the tensions between the white paper Nuevo sistema de gobierno económico para la América and the paired manuscripts Representación verdadera y exclamación and Breve y compendiosa satisfacción ...
Chapter
“Seeking the Water of Baptism” Fugitive Slaves and Imperial Jurisdiction in the Early Modern Caribbean
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Linda M. Rupert
Published: 22 July 2013
... as the perennial labor shortage. It then explores how authorities wrestled with the problems of compensation and restitution wherever fugitives crossed political boundaries. It also highlights several dimensions of legal pluralism that played out in the slave societies in the Caribbean with respect to inter...
Chapter
Laws’ Histories: Pluralisms, Pluralities, Diversity
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Paul D. Halliday
Published: 22 July 2013
...This chapter explores the pluralities of law in relation to legal pluralism and the diversity that it conjures. It begins with a historical overview of legal pluralism and how it has become pluralities, with particular emphasis on legal sociologist John Griffiths's definition of legal pluralism...