Books: 'British colonial legacy'

1

Governing Uganda: British colonial rule and its legacy. Kampala: Fountain Publishers, 2003.

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2

(Organization), Human Rights Watch, ed. This alien legacy: The origins of "sodomy" laws in British colonialism. New York: Human Rights Watch, 2008.

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Turaki, Yusufu. The British colonial legacy in Northern Nigeria: A social ethical analysis of the colonial and post-colonial society and politics in Nigeria. [Nigeria?]: Turaki, 1993.

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Sale, Kirkpatrick. The conquest of paradise: Christopher Columbus and the Columbian legacy. New York: Knopf, 1990.

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Sale, Kirkpatrick. The conquest of paradise: Christopher Columbus and the Columbian legacy. London: Papermac, 1992.

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The conquest of paradise: Christopher Columbus and the Columbian legacy. New York: Plume, 1991.

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Sale, Kirkpatrick. The conquest of paradise: Christopher Columbus and the Columbian legacy. London: Hodder & Stoughton, 1991.

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Sale, Kirkpatrick. The conquest of paradise: Christopher Columbus and the Columbian legacy. New York: Knopf, 1990.

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9

Gabb, Alfred D. F. 1600-1947, Anglo-Indian legacy: A brief guide to British Raj India history, nationality, education, railways & irrigation. 2nd ed. York, North Yorkshire: A.D.F. Gabb, 2000.

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10

Dupont, Jerry. The common law abroad: Constitutional and legal legacy of the British empire. Littleton, Colo: F.B. Rothman Publications, 2001.

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11

Committee, London Anti-slavery Society. Negro apprenticeship in the British colonies. London: Published at the office of the Anti-slavery Society, 1989.

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12

Saiyid, Dushka. Muslim women of the British Punjab: From seclusion to politics. New York: St. Martin's Press, 1998.

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13

Atkinson, Anthony B. The colonial legacy: Income inequality in former British African colonies. UNU-WIDER, 2014. http://dx.doi.org/10.35188/unu-wider/2014/766-0.

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14

Thompson, Gardner. Governing Uganda. British Colonial Rule and its Legacy. Fountain Publ., 1999.

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15

Lau, C. K. Hong Kong's Colonial Legacy: A Hong Kong Chinese's View of the British Heritage. The Chinese University Press, 1998.

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16

Mahajan, Sneh. The Foreign Policy of the Raj and Its Legacy. Edited by David M. Malone, C. Raja Mohan, and Srinath Raghavan. Oxford University Press, 2010. http://dx.doi.org/10.1093/oxfordhb/9780198743538.013.4.

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The Government of British India was a colonial state and, therefore, determinants of its foreign policy were very different from those of a sovereign state. Its foreign policy was designed to serve Britain’s imperial interests. To ensure the defence of India, it maintained states in the immediate neighbourhood of India as ‘buffer states’. The British valued their Empire greatly and took far-reaching measures for its defence and of the routes to India. They perceived threat to their Indian Empire from the expansion of the Russia Empire which is often described as Russophobia. The British Government retained responsibility for relations with the states in the Indian Ocean rim (except the Aden Settlement until 1937). But substantial expenditure was met out of the Indian Treasury. The legacy of the Raj has left an indelible impact on the foreign policy of the Indian Republic.

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17

The Conquest of Paradise: Christopher Columbus and the Columbian Legacy. Papermac, 1992.

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18

Charles, Parkinson. Bills of Rights and Decolonization. Oxford University Press, 2007. http://dx.doi.org/10.1093/acprof:oso/9780199231935.001.0001.

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This book analyzes the British Government's radical change in policy during the late 1950s on the use of bills of rights in colonial territories nearing independence. More broadly it explores the political dimensions of securing the protection of human rights at independence and the peaceful transfer of power through constitutional means. This book fills a major gap in the literature on British and Commonwealth law, history, and politics by documenting how bills of rights became commonplace in Britain' s former overseas territories. It provides a detailed empirical account of the origins of the bills of rights in Britain's former colonial territories in Africa, the West Indies, and South East Asia as well as in the Atlantic and Pacific Oceans. It sheds light on the development of legal systems at the point of gaining independence and raises questions about the colonial influence on the British legal establishment's change in attitude towards bills of rights in the late 20th century. It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally, this book highlights Britain's human rights legacy to its former Empire, and traces the genesis of the bills of rights of over thirty nations from the Commonwealth.

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19

Leopold, Mark. Idi Amin. Yale University Press, 2021. http://dx.doi.org/10.12987/yale/9780300154399.001.0001.

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Idi Amin began his career in the British army in colonial Uganda and worked his way up the ranks before seizing power in a British-backed coup in 1971. He built a violent and unstable dictatorship, ruthlessly eliminating perceived enemies and expelling Uganda's Asian population as the country plunged into social and economic chaos. This book places Amin's military background and close relationship with the British state at the heart of the story. It traces the interwoven development of Amin's career and his popular image as an almost supernaturally evil monster, demonstrating the impossibility of fully distinguishing the truth from the many myths surrounding the dictator. Using an innovative biographical approach, the book reveals how Amin was, from birth, deeply rooted in the history of British colonial rule, how his rise was a legacy of imperialism, and how his monstrous image was created.

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20

Ince, Onur Ulas. Letters from Sydney. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190637293.003.0005.

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This chapter examines Wakefield’s political economic arguments and policy proposals for the colonial settlement of Australasia as a systematic solution to the demographic problems of overpopulation in Britain and underpopulation in Britain’s colonies. It is argued that Wakefield’s theory of “systematic colonization” aimed to protect the British capitalist civilization from social revolution at home and frontier barbarism in the colonies. Equating capitalist civilization with wage labor, Wakefield planned for the creation of a legally free yet structurally dependent colonial labor force. This would be achieved by imposing preemptive crown rights and artificially inflated prices on colonial lands, which would prevent poor emigrants from becoming landowners and force them to work for colonial capitalists. Cognizant of the illiberality of instituting colonial wage servitude by the imperial state, Wakefield fabricated a utilitarian myth of “contractual dispossession,” recasting systematic colonization and colonial proletarianization as the enforcement of an original “settler contract” among colonists.

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21

Dupont, Jerry. The Common Law Abroad: Constitutional and Legal Legacy of the British Empire. Fred B. Rothman & Company, 2000.

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22

Pfeifer, Michael J. Collective Violence in the British Atlantic. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252036132.003.0002.

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This chapter is a brief survey of collective violence across the early modern Anglo-American world. It illustrates how the legal and cultural antecedents of American lynching were carried across the Atlantic by migrants from the British Isles to colonial North America. Collective violence was a familiar aspect of the early modern Anglo-American legal landscape. Group violence in the British Atlantic was usually nonlethal in intention and consequence but it occasionally shaded, particularly in the seventeenth century in the context of political turmoil in England and unsettled social and political conditions in the American colonies, into rebellions and riots that took multiple lives. In the years before and after the Declaration of Independence in 1776, Americans transformed older British notions and practices of crowd action and imbued them with new meanings amid the egalitarian and reformist implications of the Revolution and the early American Republic.

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23

Gujadhur, Sarup Leela, India. Office of Protector of Emigrants (Kolkata), and India. Office of Protector of Emigrants (Kolkata)., eds. Colonial emigration 19th, 20th centuries: Annual reports from the port of Calcutta to the British & foriegn colonies. Kolkata: Aldrich International, 2006.

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24

Priest, Claire. Credit Nation. Princeton University Press, 2021. http://dx.doi.org/10.23943/princeton/9780691158761.001.0001.

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Even before the United States became a country, laws prioritizing access to credit set colonial America apart from the rest of the world. This book examines how the drive to expand credit shaped property laws and legal institutions in the colonial and founding eras of the republic. The book describes how the British Parliament departed from the customary ways that English law protected land and inheritance, enacting laws for the colonies that privileged creditors by defining land and slaves as commodities available to satisfy debts. Colonial governments, in turn, created local legal institutions that enabled people to further leverage their assets to obtain credit. The book shows how loans backed with slaves as property fueled slavery from the colonial era through the Civil War, and that increased access to credit was key to the explosive growth of capitalism in nineteenth-century America. The book presents a new vision of American economic history, one where credit markets and liquidity were prioritized from the outset, where property rights and slaves became commodities for creditors' claims, and where legal institutions played a critical role in the Stamp Act crisis and other political episodes of the founding period.

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25

Yahaya, Nurfadzilah. Fluid Jurisdictions. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501750878.001.0001.

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This book tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community's ambiguous embrace of European colonial authority in Southeast Asia. The book looks at colonial legal infrastructure and discusses how it impacted, and was impacted by, Islam and ethnicity. But more important, it follows the actors who used this framework to advance their particular interests. The book explains why Arab minorities in the region helped to fuel the entrenchment of European colonial legalities: their itinerant lives made institutional records necessary. Securely stored in centralized repositories, such records could be presented as evidence in legal disputes. To ensure accountability down the line, Arab merchants valued notarial attestation land deeds, inheritance papers, and marriage certificates by recognized state officials. Colonial subjects continually played one jurisdiction against another, sometimes preferring that colonial legal authorities administer Islamic law — even against fellow Muslims. The book demonstrates the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played out between family, religious, contract, and commercial legal orders.

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26

Michel, Morin. Part I Constitutional History, B French-Canadians and the Constitution, Ch.3 Constitutional Debates in French Canada, 1764–1774. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190664817.003.0003.

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After 1760, constitutional debates occurred in French Canada on issues ranging from the contestation of royal authority to the consolidation of constitutional rights or colonial autonomy. In this regard, our main source of information is the bilingual Quebec Gazette, which reported on legal developments in France, England, and the American colonies. Contrary to what is generally assumed, these discussions predated the American Revolution. The Chapter also examines the assimilation of British constitutional principles by the educated members of the Francophone elite. Many of them were eager to obtain an Assembly in which Catholics could sit. They believed that the Capitulation of 1760 protected property and seigneurial rights, as well as inheritance and matrimonial laws. In the end, the request for an Assembly was shelved in order to obtain religious equality. Meanwhile, British officials declared that Canadians had no appetite for an Assembly, creating a lasting and misleading impression.

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27

Dorsett, Shaunnagh. Traditions. Edited by Markus D. Dubber and Christopher Tomlins. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198794356.013.41.

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This chapter examines legal encounters and legal relations between Indigenous peoples in both Australia and New Zealand and the British Empire. It looks at court decisions as a source of historical material in order to suggest two contact points between jurisdictions through which to think about indigenous laws and settler laws. It focuses on only two instances of contact: the colonial and the present. In many ways this choice reproduces ongoing gaps in tracing and thinking about legal encounters with Aboriginal law in Australia and, to a lesser extent, in New Zealand. Scholarship on legal encounter has tended to be centred on the colonial period to the detriment of the later nineteenth century and much of the twentieth century. The chapter looks at the ways in which colonial and modern law engaged/s with aboriginal law from the perspective of the colonizer, not the colonized.

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28

Muller, Hannah Weiss. His Britannick Majesty’s New Subjects. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190465810.003.0005.

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Chapter 4 examines subjecthood in the Atlantic world, focusing on the colonies of Grenada and Quebec, officially ceded by France under the Treaty of Paris. Although economic protections were certainly of interest to settlers in these territories, it was debates over the political and legal rights of the white French Catholic inhabitants that dominated political life in both colonies throughout the 1760s and 1770s. These struggles demonstrate that the privileges associated with British subject status in the Atlantic often differed dramatically from those in the British Isles and were shaped by demographic, economic, and political imperatives. Chapter 4 emphasizes the struggles of individuals who actively negotiated their political and legal rights, particularly the ways in which “new subjects,” who were predominantly French Catholic, and “old subjects,” who identified as British-born and Protestant, used petitions.

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29

Fox, Georgia L., ed. An Archaeology and History of a Caribbean Sugar Plantation on Antigua. University Press of Florida, 2020. http://dx.doi.org/10.5744/florida/9781683401285.001.0001.

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An Archaeology and History of a Caribbean Sugar Plantation on Antigua uses archaeological and documentary evidence to reconstruct daily life at Betty’s Hope plantation on the island of Antigua, one of the largest sugar plantations in the Caribbean. It demonstrates the rich information that the multidisciplinary approach of contemporary historical archaeology can offer when assessing the long-term impacts of sugarcane agriculture on the region and its people. Drawing on ten years of research at the 300-year-old site, the researchers uncover the plantation’s inner workings and its connections to broader historical developments in the Atlantic World. Excavations at the Great House reveal similarities to other British colonial sites, and historical records reveal the owners’ involvement in the Atlantic slave trade and in the trade of rum and other commodities. Artifacts uncovered from the slave quarters—ceramic tokens, repurposed bottle glass, and hundreds of Afro-Antiguan pottery sherds—speak to the agency of enslaved peoples in the face of harsh living conditions. Contributors also use ethnographic field data collected from interviews with contemporary farmers, as well as soil analysis to demonstrate how three centuries of sugarcane monocropping created a complicated legacy of soil depletion. Today tourism has long surpassed sugar as Antigua’s primary economic driver. Looking at visitor exhibits and new technologies for exploring and interpreting the site, the volume discusses best practices in cultural heritage management at Betty’s Hope and other locations that are home to contested historical narratives of a colonial past.

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30

Leman, Peter. Singing the Law. Liverpool University Press, 2020. http://dx.doi.org/10.3828/liverpool/9781789621136.001.0001.

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“Singing the Law” is about the legal lives and afterlives of oral cultures in East Africa, particularly as they appear within the pages of written literatures during the colonial and postcolonial periods. In examining these cultures, I begin with an analysis of the cultural narratives of time and modernity that formed the foundations of British colonial law. Recognizing the contradictory nature of these narratives (i.e., they both promote and retreat from the Euro-centric ideal of temporal progress) enables us to make sense of the many representations of and experiments with non-linear, open-ended, and otherwise experimental temporalities that we find in works of East African literature that take colonial law as a subject or point of critique. Many of these works, furthermore, consciously appropriate orature as an expressive form with legal authority. This affords them the capacity to challenge the narrative foundations of colonial law and its postcolonial residues and offer alternative models of temporality and modernity that give rise, in turn, to alternative forms of legality. East Africa’s “oral jurisprudence” ultimately has implications not only for our understanding of law and literature in colonial and postcolonial contexts, but more broadly for our understanding of how the global south has shaped modern law as we know and experience it today.

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31

Charles, Parkinson. 5 Ghana. Oxford University Press, 2007. http://dx.doi.org/10.1093/acprof:oso/9780199231935.003.0005.

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When Ghana achieved independence on 6 March 1957, it was the first British territory in sub-Saharan Africa to be granted independence under African rule. For this reason, there was intense pressure to ensure that the transfer of power took place smoothly and the government of independent Ghana had a viable constitution. But the result was a rushed and haphazard constitution-making process as the Colonial Office struggled to develop coherent policies on decolonization against the backdrop of African nationalism. Although Ghana's independence constitution did not contain a bill of rights, the question of whether to include a bill of rights received sustained consideration. Ghana marked a turning point for Colonial Office attitudes on the value and subsequent use of bills of rights in independence constitutions. Most significantly, the Colonial Office decided that the political benefits of reconciling the minority groups to independence outweighed the legal detriments of having a bill of rights in an independence constitution.

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32

Orkaby, Asher. Beyond the Arab Cold War. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190618445.001.0001.

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Beyond the Arab Cold War brings the Yemen Civil War (1962–68) to the forefront of modern Middle East history, in a comprehensive account that features multilingual and multinational archives and oral histories. Throughout six years of major conflict Yemen sat at the crossroads of regional and international conflict as dozens of countries, international organizations, and individuals intervened in the local South Arabian civil war. Yemen was a showcase for a new era of UN and Red Cross peacekeeping, clandestine activity, Egypt’s counterinsurgency, and one of the first large-scale uses of poison gas since World War I. Events in Yemen were not dominated by a single power, nor were they sole products of US-Soviet or Saudi-Egyptian Arab Cold War rivalry. Rather, during the 1960s Yemen was transformed into an arena of global conflict whose ensuing chaos tore down the walls of centuries of religious rule and isolation and laid the groundwork for the next half century of Yemeni history. The end of the Yemen Civil War marked the end of both Egyptian President Nasser’s Arab nationalist colonial expansion and the British Empire in the Middle East, two of the most dominant regional forces. The legacy of the eventual northern tribal defeat and the compromised establishment of a weak and decentralized republic are at the core of modern-day conflicts in South Arabia.

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33

Walters, Mark D. The continuity of aboriginal customs and government under British imperial constitutional law as applied in colonial Canada, 1760-1860. 1995.

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34

Tyler, Amanda L. Rebellion and Treason. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199856664.003.0004.

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During the American Revolution, the treatment of the American “rebels” fighting for independence posed a series of difficult questions about the reach and framework of British law. The centerpiece of the legal calculus governing the detention of prisoners during the war—both in Great Britain and in the United States—remained the English Habeas Corpus Act of 1679. The war also confirmed the Act’s limitations on two scores. First, well before Americans declared independence, the British government had denied the Act’s application in the colonies, thereby taking the position that its geographic sweep did not follow British rule wherever it went. Second, during the war, Parliament suspended the Act’s application to Americans held on English soil. With independence, however, Parliament permitted the suspension to lapse and treated the American rebels as prisoners of war whose rights would be governed by the law of nations.

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35

Muller, Hannah Weiss. Subjects and Sovereign. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190465810.001.0001.

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In the aftermath of the Seven Years’ War, when a variety of conquered and ceded territories became part of an expanding British Empire, crucial struggles emerged about what it meant to be a “British subject.” In Grenada, Quebec, Minorca, Gibraltar, and Bengal, individuals debated the meanings and rights of subjecthood, with many capitalizing on legal ambiguities and local exigencies to secure access to political and economic benefits. In the hands of inhabitants and colonial administrators, subjecthood became a shared language, practice, and opportunity as individuals proclaimed their allegiance to the crown and laid claim to a corresponding set of protections. Approaching subjecthood as a protean and porous concept, rather than an immutable legal status, Subjects and Sovereigns demonstrates that it was precisely subjecthood’s fluidity and imprecision rendered it useful to a remarkably diverse group of individuals. This book revisits the traditional bond between subject and sovereign, arguing that this relationship endured as a powerful site for claims-making throughout the eighteenth century. Muller analyzes both legal understandings of subjecthood, as well as the popular tradition of declaring rights, to demonstrate why subjects believed they were entitled to make requests of their sovereign. She reconsiders narratives of upheaval and transformation during the Age of Revolution and insists on the relevance and utility of existing structures of state and sovereign. Emphasizing the stories of subjects who successfully leveraged their loyalty and negotiated their status, Subjects and Sovereign also explores how and why subjecthood remained an organizing and contested principle of the eighteenth-century British Empire.

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36

Justice in a New World: Negotiating Legal Intelligibility in British, Iberian, and Indigenous America. NYU Press, 2018.

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37

Justice in a New World: Negotiating Legal Intelligibility in British, Iberian, and Indigenous America. NYU Press, 2018.

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38

Waggoner, Michael D., and Nathan C. Walker, eds. The Oxford Handbook of Religion and American Education. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780199386819.001.0001.

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The Oxford Handbook of Religion and American Education brings together preeminent scholars to craft a comprehensive survey and assessment of the study of religion and education in the United States. Religion has been inextricably entwined with education in the United States since the days of colonial British America. Beginning with mothers schooling their children at home from the Bible, to the first establishment of Harvard College in 1636 with the principal mission to prepare clergy, the place of religion—and more to the point, whose religion and for what purpose—has been vigorously contested for nearly 400 years. This handbook aims to examine the current state of religion and American education from homeschooling to private religious schools to public schools to religious institutions and on through the range of public and private higher education. The book is organized into five sections: Frameworks; Lifespan Faith Development; Faith-Based K-12 education; Religion and Public Schools; and Religion and Higher Education. Within these sections forty leading scholars in the field of religion and education review these topics in thirty chapters. The contributors offer an in-depth synthesis of major issues within the field, while contributing to lively debates about the links between landmark research contributions and contemporary research agendas. Designed for an interdisciplinary audience, the Oxford handbook serves as a legacy project for leading scholars who are critically shaping the future direction of the field of religion and American education.

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Brick, David. Sati. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190656485.003.0009.

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This chapter examines the history of the traditional Hindu practice of widow self-immolation, commonly known as sati, which is one of the mostly widely known and discussed forms of ritual suicide in world religions. The chapter begins by briefly placing sati within the context of other historically practiced forms of “following into death” (in German, Totenfolge), and discussing those features of sati that make it unique among these practices. Then, in three separate sections, it provides an account of the earliest surviving sources on sati, which likely date as far back as the fourth century BCE; outlines an important medieval debate on the validity of the practice that took place within the orthodox Hindu legal tradition known as Dharmaśāstra; and, lastly, notes some major later developments regarding sati, including especially its legal prohibition by the British colonial government in India in 1829.

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40

Hannah, Leslie. Trust and Regulation in Corporate Capital Markets before 1914. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198782797.003.0007.

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Historians have struggled to explain how stock markets could develop—with notable vigour in many countries before 1914—before modern shareholder protections were legally mandated. Trust networks among local elites—and/or information signalling to public investors—substituted for legal regulation, but this chapter suggests real limits to such processes. They are especially implausible when applied to giant companies with ownership substantially divorced from control, of which there were many with—nationally and internationally—dispersed shareholdings. In London—the largest pre-1914 securities market—strong supplementary supports for market development were provided by mandatory requirements for transparency and anti-director rights in UK statutory companies and by low new issue fees. There were also stringent London Stock Exchange requirements for other companies wanting the liquidity benefits of official listing. Shareholder rights were similarly achieved in Brazil and other countries and colonies dependent on British capital.

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41

Buck, A. R., Benjamin L. Berger, and Hamar Foster. Grand Experiment: Law and Legal Culture in British Settler Societies. University of British Columbia Press, 2009.

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42

1948-, Foster Hamar, Buck A. R, Berger Benjamin L. 1977-, and Osgoode Society for Canadian Legal History., eds. The grand experiment: Law and legal culture in British settler societies. Vancouver: Published by the Osgoode Society for Canadian Legal History by UBC Press, 2008.

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43

Nelson, William E. The Well-Functioning Empire of the Mid-Eighteenth Century. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190850487.003.0005.

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The governmental institutions of the British Empire functioned effectively in the mid-eighteenth century in the interests of royal officials, merchants, and others in Great Britain as well as in the interests of the inhabitants of most of its thirteen colonies. Of course, there were some difficulties—some disputes went unresolved, some taxes unpaid, and some criminals never punished. The main work of the legal system was debt collection, and despite many inefficiencies, the system functioned well enough for the flow of lending and credit to continue. From the perspective of 1750, it was inconceivable that the empire would come apart a quarter of a century later.

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44

Nelson, William E. Conclusion: Legal and Constitutional Legacies. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190850487.003.0010.

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The conclusion makes two arguments. First, it takes the position common in the historical literature that the American Revolution was a comparatively placid one, with few killings of civilians, little property destruction, and no reign of terror. It argues that the placidity was a consequence of legal continuity—the same courts, judges, and juries that had governed the colonies in 1770 in large part continued to govern the new American states in 1780. During the course of the War of Independence itself, legal and constitutional change occurred almost entirely at the top, and, except in the few places occupied by the British military, life went on largely as it always had. The conclusion also argues that old ideas of unwritten constitutionalism persisted during and after the Revolution, but that a new idea that constitutions should be written to avoid ambiguity emerged beside the old ideas.

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Norrie, Kenneth McK. A History of Scottish Child Protection Law. Edinburgh University Press, 2020. http://dx.doi.org/10.3366/edinburgh/9781474444170.001.0001.

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This book explores the development of Scottish child protection law from its earliest days in the poor law, tracing the changing assumptions that underlay child protection processes, and the radical shift of emphasis from private (charitable) endeavour to public (local authority) duty. This book looks at the developing legal processes for removing children from abusive or neglectful environments, explores how child offenders and child victims came to be dealt with in the same processes, and examines the reasons why Scots law has managed to continue to cleave its own procedural path in the contemporary world. It explores both processes and outcomes, explaining how the juvenile court evolved into the children’s hearing, and it examines the substantive continuities between the various orders that could be made over children. The regulation of boarding out and fostering of children is compared with the regulation of institutional care, and the evolution of aftercare provisions is explained. The book also offers an analysis of the (dubious) legal basis for the Imperial practice of sending troubled children to the colonies, as part of a deliberate policy of spreading British “stock” across the world. The final chapter traces the origins and statutory control of the practice of adoption of children, from its days as an informal arrangement through its early manifestation as a minor action changing status to its present position as the most radical order that a court of law can make.

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Sripati, Vijayashri. Constitution-Making under UN Auspices. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199498024.001.0001.

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Abstract:

As an 18^th century ‘standard of civilization,’ the Western liberal constitution has since been integral to public international law and colonial trusteeship. This book is the first comprehensive treatment of the ostensible purposes why international organizations have internationalized this Constitution: from the League of Nations in Danzig, to the UN starting from Libya in 1949, and from 1989-2018, in more than forty poor states including most recently in Colombia and The Gambia. This pioneering study sets the Constitution’s internationalization via United Nations Constitutional Assistance (UNCA) at centre-stage. The Constitution’s salience makes its post-1989 rise via UNCA the most significant post-Cold War development, one which has spawned and shaped all other legal and political developments. For example, the internationalization of this Constitution (subsumed under the ‘rule of law’ label) drives the famed post-1989 rule of law movement, shaping all sectors from electoral, judicial, security, and parliamentary to international criminal and transitional justice. This Constitution’s internationalization is traced, from France’s drafting of Turkey’s 1856 monetary laws, British lawyer, Travis Twiss’ drafting of Congo’s 1885 constitution to the constitutional assistance offered by the League of Nations during the inter-war period and from 1949, by its successor, the United Nations and through a combined historical international constitutional framework, UNCA’s legitimacy is appraised. Through this new constitutional history of trusteeship, Sripati demonstrates that creating an equitable order requires considering seriously why sovereign states’ constitution-making is being internationalized. The book concludes by arguing that UNCA continues its trusteeship role. UNCA makes a new fiscally oriented addition to the ‘standards of civilization’: ‘transparent, inclusive and participatory’ constitution-making.

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Books on the topic 'British colonial legacy'

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