Archive for the ‘law’ Category

Zoë Laidlaw, ‘Breaking Britannia’s Bounds? Law, settlers and space in Britain’s Imperial Historiography’, The Historical Journal 55, 3 (2012). Historians of the British empire recast their understanding of relations between the metropole and its peripheries in the late twentieth century, notably through the work of the ‘British world’ network and the ‘new imperial historians’. The former […]

All of this is to say Brunyeel has a point but I am wary of blaming it all on “settler colonialism” or requiring that good scholarship in the field requires respect for the theory of “settler colonialism.” I am wary of relying too much on the past to decide how things are going to progress […]

The most recent Canadian Historical Review 93, 2 (2012) contains the Garneau Roundtable on John C. Weaver’s influential book, The Great Land Rush and the Making of the Modern World, 1650-1900 (2003).   For those indebted to Weaver for his incredible comparative history of settler colonialism, it is certainly worth checking out the views of Bill […]

Lauren Benton. A Search for Sovereignty: Law and Geography in European Empires, 1400–1900. Cambridge: Cambridge University Press, 2009. 340 S. $90.00 (cloth), ISBN 978-0-521-88105-0; $26.99 (paper), ISBN 978-0-521-70743-5. Reviewed by Eliga Gould; Published on H-Soz-u-Kult (June, 2012). For the most part, when Benton talks about empire and sovereignty, what she means is the fiduciary sovereignty […]

Havatzelet Yahel, Ruth Kark, and Seth J. Frantzman, ‘Are the Negev Bedouin an Indigenous People? Fabricating Palestinian History’, Middle East Quarterly 19, 3 (2012). In the last two decades, there has been widespread application of the term “indigenous” in relation to various groups worldwide. However, the meaning of this term and its uses tend to […]

Jordan Branch, ‘”Colonial reflection” and territoriality: The peripheral origins of sovereign statehood’, European Journal of International Relations 18, 2 (2012). The modern international system is commonly argued to have originated within Western Europe and spread globally during centuries of colonialism. This article argues, instead, that the character of the modern system of territorially sovereign states […]

Allan Greer, ‘Commons and Enclosure in North America’, American Historical Review 117, 2 (2012). Opening paragraphs: What were the broad processes by which settlers of European stock created new forms of tenure and wrested control of lands from indigenous peoples, first in the Americas and later across wide stretches of Africa and Oceania? Anyone interested […]

David McCallum, ‘Liberal Forms of Governing Australian Indigenous Peoples’, Journal of Law and Society 38, 4 (2011) This article considers three different historical events from the point of view of their connections to aspects of the history of liberal political reason: the actions of the British in New South Wales in the early nineteenth century […]

International Journal on Human Rights 16, 1 (2012). Special Issue: Indigenous Peoples’ Rights: New Perspectives. TOC: Mauro Barelli: ‘Free, prior and informed consent in the aftermath of the UN Declaration on the Rights of Indigenous Peoples: developments and challenges ahead’. Marco Odello: ‘Indigenous peoples’ rights and cultural identity in the inter-American context’. Kristin Hausler: ‘Indigenous […]

Saliha Belmessous, ed., Native Claims: Indigenous Law against Empire (New York and Oxford: OUP, 2011). This groundbreaking collection of essays shows that, from the moment European expansion commenced through to the twentieth century, indigenous peoples from America, Africa, Australia and New Zealand drafted legal strategies to contest dispossession. The story of indigenous resistance to European […]