Archive for the ‘law’ Category

Denver A. Webb, ‘More Than Just a Public Execution: Martial Law, Crime and the Nature of Colonial Power in British Kaffraria’, South African Historical Journal (2012). This article starts with a hanging and ends with the passing of a colony. It uses the first judicial public execution in King William’s Town in 1858 to explore […]

Carol A. Handa, Judith Hankes and Toni House, ‘Restorative justice: the indigenous justice system’, Contemporary Justice Review: Issues in Criminal, Social, and Restorative Justice iFirst. Dramatically different beliefs about justice will produce dramatically different methods for achieving justice. The beliefs underlying the traditional Indigenous restorative justice systems, systems that dramatically differ from the European-based system […]

Brian C. Hosmer, ‘Indigenous Communities, Nation-States, Extranational Sovereignties and the Challenge of Environmental Justice in the Age of Globalization’, Environmental Justice 5, 5 (2012). How have intersections between nation states, extranational corporations (exercising sovereignty) and indigenous communities responded to the increasing demand for natural resources, and the globalization of both corporations and movements for indigenous […]

Sidney L. Harring, ‘Diamond Exploration and the San in Namibia: Toward a Legal History’, Environmental Justice 5, 5 (2012). The Ju/’hoansi are a poor people with few resources living in the Kalahari Desert along the border between Namibia and Botswana. In Namibia, 200 of them occupy their traditional lands in the Nyae Nyae Conservancy, living […]

Rebecca Hamlin, ‘International Law and Administrative Insulation: A Comparison of Refugee Status Determination Regimes in the United States, Canada, and Australia’, Law & Social Inquiry 37, 4 (2012). International law provides nations with a common definition of a refugee, yet the processes by which countries determine who should be granted refugee status look strikingly different, […]

mau mau 2012


Three Kenyans who were tortured by British colonial authorities can proceed with their legal claims against the UK government, a court has ruled. London’s High Court ruled the case, relating to the 1950s Mau Mau uprising, could proceed despite the time elapsed. The ruling means the case will now go to a full trial. Lawyers […]

Heather Douglas and Mark Finnane, Indigenous Crime and Settler Law: White Sovereignty after Empire (Palgrave Macmillan, 2012). In a break from the contemporary focus on the law’s response to inter-racial crime, the authors examine the law’s approach to the victimization of one Indigenous person by another. Drawing on a wealth of archival material relating to […]

Adam S. Hofri-Winogradow, ‘Zionist Settlers and the English Private Trust in Mandate Palestine’, Law and History Review 30, 3 (2012). The basic colonial encounter involved a colonizing power and colonized locals. Some colonial situations were more complex, involving a third element: settlers of nonlocal stock originating in an ethnos, or nation, different than that with […]

Coel Kirkby, ‘Review Article: Henry Maine and the Re-Constitution of the British Empire’, Modern Law Review 75, 4 (2012). extract in lieu of abstract: When Seeley set himself the task of examining ‘historically the tendency to expansion which England has so long displayed’, he divided his lectures in two along a ‘natural’ division between those people […]

Blake A. Watson, Buying America from the Indians: Johnson v. McIntosh and the History of Native Land Rights (University of Oklahoma Press, 2012). The U.S. Supreme Court ruling in Johnson v. McIntosh established the basic principles that govern American Indian property rights to this day. In the case, more than one Anglo-American purchaser claimed title to the […]