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Justice, Legality and the Rule of Law: Lessons from the Pitcairn Prosecutions

Dawn Oliver (ed.)

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199568666
eISBN:
9780191721595
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568666.001.0001
Subject:
Law, Public International Law

A British colony of fifty inhabitants in the Pacific Ocean, Pitcairn Island was settled by the Bounty mutineers and nineteen Polynesians in 1790. In 2004, six Pitcairn men were convicted of numerous ... More


Modern African Childhoods: Does Law Matter?

Julia Sloth-Nielsen

in Law and Childhood Studies: Current Legal Issues Volume 14

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199652501
eISBN:
9780191739217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652501.003.0009
Subject:
Law, Family Law, Human Rights and Immigration

This chapter poses a question often aimed at lawyers, especially when they straddle a culturally diverse and contested terrain of human experience, such as the role of children and families in ... More


The Legal Adoption of Discovery in the United States

Robert J Miller, Jacinta Ruru, Larissa Behrendt, and Tracey Lindberg

in Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199579815
eISBN:
9780191594465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579815.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter shows how Discovery was imported and expressly adopted into American colonial and state law in royal charters and colonial and state constitutions, governments, and courts. It explains ... More


Colonial Legislation Regarding Search and Seizure, to 1760 1

William J. Cuddihy

in The Fourth Amendment: Origins and Original Meaning 602 - 1791

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195367195
eISBN:
9780199867448
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367195.003.0009
Subject:
Law, Legal History

This chapter discusses American legislation on search and seizure. American legislation before 1760 illuminated the Fourth Amendment's repudiation of the general warrant in several ways. Colonial ... More


Law, Nation, State: Colonial and Postcolonial Contexts

Rina Verma Williams

in Postcolonial Politics and Personal Laws: Colonial Legal Legacies and the Indian State

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195680140
eISBN:
9780199081721
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195680140.003.0002
Subject:
Law, Family Law

This chapter addresses the insights that past and current studies have brought to bear on issues of colonialism, postcolonialism, and law. India offers a well-tailored case to examine the forms and ... More


Integrating Shari’ah, Adat and European Laws

Muhamad Ali

in Islam and Colonialism: Becoming Modern in Indonesia and Malaya

Published in print:
2016
Published Online:
September 2016
ISBN:
9781474409209
eISBN:
9781474418799
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474409209.003.0006
Subject:
Religion, Islam

It focuses on Muslim articulation of evolving ideas about shari’ah in terms of law and its relation to adat and European laws. Muslim reformers sought to spread legal interpretations by addressing ... More


Colonial Transplants

Michael D Birnhack

in Colonial Copyright: Intellectual Property in Mandate Palestine

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199661138
eISBN:
9780191746147
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661138.003.0002
Subject:
Law, Legal History, Intellectual Property, IT, and Media Law

This chapter explains two of the building blocks of colonial copyright: legal transplants and colonial law. The discussion of the former provides a critical analysis of the literature on the topic. ... More


Africa and the Umpires of Empire

Bonny Ibhawoh

in Imperial Justice: Africans in Empire's Court

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199664849
eISBN:
9780191748523
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664849.003.0001
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter introduces the key questions addressed in the book. It theorizes judicial discourses of colonial difference and imperial universalism. It explores how these notions of native difference ... More


Colonial Searches by the Customs Services of England and Great Britain, to 1760 1

William J. Cuddihy

in The Fourth Amendment: Origins and Original Meaning 602 - 1791

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195367195
eISBN:
9780199867448
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367195.003.0011
Subject:
Law, Legal History

This chapter shows that customs searches provided the first inducement to an American acceptance of English attitudes against promiscuous search and seizure. Unlike searches and seizures under ... More


The Emergence of “Scientific” Forestry in Colonial Java

Nancy Lee Peluso

in Rich Forests, Poor People: Resource Control and Resistance in Java

Published in print:
1992
Published Online:
May 2012
ISBN:
9780520073777
eISBN:
9780520915534
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520073777.003.0003
Subject:
Anthropology, Asian Cultural Anthropology

The nineteenth century was a turning point in forest management and the forms of state control over the teak and nonteak forests of Java. It was then that a bureaucratic, colonial Forest Service drew ... More


Law and Economic Change in India, 1600–1900

Tirthankar Roy (ed.)

in Law and Long-Term Economic Change: A Eurasian Perspective

Published in print:
2011
Published Online:
June 2013
ISBN:
9780804772730
eISBN:
9780804777612
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804772730.003.0006
Subject:
Economics and Finance, Development, Growth, and Environmental

This chapter examines a legal regime operating in a political regime in sharp contrast to that of politically centralized China. The precolonial India legal system is essentially community bound with ... More


Indian Personal Law: Toward a Comparative The oretical Perspective

Narendra Subramanian

in Nation and Family: Personal Law, Cultural Pluralism, and Gendered Citizenship in India

Published in print:
2014
Published Online:
September 2014
ISBN:
9780804788786
eISBN:
9780804790901
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804788786.003.0001
Subject:
Law, Family Law

This chapter illustrates the pattern of change in India's personal laws since independence, based largely on the norms and initiatives of the concerned group. It highlights the tensions between ... More


Conflict at Court

Danna Agmon

in A Colonial Affair: Commerce, Conversion, and Scandal in French India

Published in print:
2017
Published Online:
May 2018
ISBN:
9781501709937
eISBN:
9781501713071
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501709937.003.0005
Subject:
History, European Early Modern History

This chapter examines the Nayiniyappa Affair as a court case, addressing the judicial setting in which it took place and the legal questions it attempted to resolve with its focus on proper legal ... More


Fiscal Politics at the Municipal Slaughterhouse

Stacy E. Holden

in The Politics of Food in Modern Morocco

Published in print:
2009
Published Online:
September 2011
ISBN:
9780813033730
eISBN:
9780813039398
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813033730.003.0007
Subject:
Society and Culture, Middle Eastern Studies

Meat played a central role not only in legitimizing the protectorate but also in funding its operation. To advertise respect for Islam, colonial officers amplified the celebrations for 'Id al–Adha, ... More


Preventive Detention

A.G. Noorani and South Asia Human Rights Documentation Centre

in Challenges to Civil Rights Guarantees in India

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198074144
eISBN:
9780199080823
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198074144.003.0001
Subject:
Law, Human Rights and Immigration

This chapter discusses preventive detention in India and argues that it has not been able to fulfil its underlying rationale of ensuring security and stability while also giving rise to a repeated ... More


The Development of Criminal Law and Criminal Justice in Africa from Pre-Colonial Rule to the Present Day

Kebreab Isaac Weldesellasie

in The International Criminal Court and Africa

Published in print:
2017
Published Online:
November 2017
ISBN:
9780198810568
eISBN:
9780191847837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198810568.003.0011
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter examines the development of criminal law and substantive, procedural, and relevant institutions on the African continent from antiquity to the present day. It demonstrates the existence ... More


Imperial Justice: Africans in Empire's Court

Bonny Ibhawoh

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199664849
eISBN:
9780191748523
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664849.001.0001
Subject:
Law, Legal History, Constitutional and Administrative Law

Focusing on the Judicial Committee of the Privy Council and the colonial regional Appeal Courts for West Africa and East Africa, it examines how judicial discourses of native difference and imperial ... More


The Brutal Embrace: Let it Stand

Sudhir Chandra

in Enslaved Daughters: Colonialism, Law and Women's Rights

Published in print:
2008
Published Online:
October 2012
ISBN:
9780195695731
eISBN:
9780199080311
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195695731.003.0005
Subject:
Sociology, Gender and Sexuality

This chapter discusses how Rukhmabai’s resistance in Farran’s court raised to a new plane her challenge to both colonial law and indigenous social authority. The case was finally settled in July ... More


The Village Courts in Bangladesh

Tobias Berger

in Global Norms and Local Courts: Translating the Rule of Law in Bangladesh

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198807865
eISBN:
9780191845666
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198807865.003.0003
Subject:
Political Science, International Relations and Politics

This chapter embeds contemporary translations of ‘the rule of law’ in their historical trajectory. It reveals how the introduction of village courts by the colonial administration at the dawn of the ... More


Any Maid or Woman Child: A New Nation and Its Marriage Laws

Nicholas L. Syrett

in American Child Bride: A History of Minors and Marriage in the United States

Published in print:
2016
Published Online:
May 2017
ISBN:
9781469629537
eISBN:
9781469629551
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469629537.003.0002
Subject:
History, European Medieval History

This chapter explains the English common law and colonial legal antecedents to early national marriage law in the extant states. It argues that the common law marriage ages of twelve (for girls) and ... More


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