Law and Colonial Cultures: Legal Regimes in World History, 1400–1900 (Studies in Comparative World History)

This book advances a new perspective in world history, arguing that institutions and culture--and not just the global economy--serve as important elements of international order. Focusing on colonial legal politics and the interrelation of local cultural contests and institutional change, it uses case studies to trace a shift in plural legal orders--from the multicentric law of early empires to the state-centered law of the colonial and postcolonial world. Benton shows how Indigenous subjects across time were active in making, changing, and interpreting the law--and, by extension, in shaping the international order. Law And Colonial Cultures Advances A New Perspective In World History, Arguing That Cultural Practice And Institutions - Not Just The Global Economy - Shaped Colonial Rule And The International Order. The Book Examines The Shift From The Multicentric Law Of Early Modern Empires To The State-centered Law Of High Colonialism. In The Early Modern World, The Special Legal Status Of Cultural And Religious Minorities Provided Institutional Continuity Across Empires. Colonial And Post-colonial States Developed In The Nineteenth Century In Part As A Response To Conflicts Over The Legal Status Of Indigenous Subjects And Cultural Others. The Book Analyzes These Processes By Juxtaposing Discussion Of Broad Institutional Change With Microstudies Of Selected Legal Cases.--jacket. Legal Regimes And Colonial Cultures -- Law In Diaspora: The Legal Regime Of The Atlantic World -- Order Out Of Trouble: Jurisdictional Tensions In Catholic And Islamic Empires -- A Place For The State: Legal Pluralism As As A Colonial Project In Bengal And West Africa -- Subjects And Witnesses: Cultural And Legal Hierarchies I The Cape Colony And New South Wales -- Constructing Sovereignty: Extraterritoriality In The Oriental Republic Of Uruguay -- Culture And The Rule(s) Of Law. Lauren Benton. Includes Bibliographical References (p. 267-282) And Index. Advances an interesting perspective in world history, arguing that institutions and culture - and not just the global economy - serve as important elements of international order. Focusing on colonial legal politics and the interrelation of local and indigenous cultural contests and institutional change, the book uses case studies to trace a shift in plural legal orders - from the multicentric law of early empires to the state-centered law of the colonial and postcolonial world. In the early modern world, the special legal status of cultural and religious others itself became an element of continuity across culturally diverse empires. In the nineteenth century, the state's assertion of a singular legal authority responded to repetitive legal conflicts - not simply to the imposition of Western models of governance. Indigenous subjects across time and in all settings were active in making, changing, and interpreting the law - and, by extension, in shaping the international order. "Law and Colonial Cultures advances a new perspective in world history, arguing that cultural practice and institutions - not just the global economy - shaped colonial rule and the international order. The book examines the shift from the multicentric law of early modern empires to the state-centered law of high colonialism. In the early modern world, the special legal status of cultural and religious minorities provided institutional continuity across empires. Colonial and post-colonial states developed in the nineteenth century in part as a response to conflicts over the legal status of indigenous subjects and cultural others. The book analyzes these processes by juxtaposing discussion of broad institutional change with microstudies of selected legal cases."--BOOK JACKET. Frontmatter Acknowledgments (page xi) 1 Legal Regimes and Colonial Cultures (page 1) 2 Law in Diaspora: The Legal Regime of the Atlantic World (page 31) 3 Order out of Trouble: Jurisdictional Tensions in Catholic and Islamic Empires (page 80) 4 A Place for the State: Legal Pluralism As a Colonial Project in Bengal and West Africa (page 127) 5 Subjects and Witnesses: Cultural and Legal Hierarchies in the Cape Colony and New South Wales (page 167) 6 Constructing Sovereignty: Extraterritoriality in the Oriental Republic of Uruguay (page 210) 7 Culture and the Rule(s) of Law (page 253) Bibliography (page 267) Index (page 283) "In the late fifteenth century, as Christians were extending their rule over the remaining pockets of Moorish dominion in the Iberian peninsula, a North African legal scholar named Al-Wansharishi issued a legal finding (fatwa) to address the situation of an"

Argues that institutions and culture serve as important elements of international legal order.