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The protection of rights in Britain and the protection of rights in its territories during colonial rule and at independence

Charles O.H. Parkinson

in Bills of Rights and Decolonization: The Emergence of Domestic Human Rights Instruments in Britain's Overseas Territories

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231935
eISBN:
9780191716157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231935.003.0002
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter sets out the intellectual history of the protection of rights in English constitutional thought from 1689 to present, and how this approach to protecting rights was translated to the ... More


The Law of the Sea and the Two Unions

John Ford

in Anglo-Scottish Relations from 1603 to 1900

Published in print:
2005
Published Online:
January 2012
ISBN:
9780197263303
eISBN:
9780191734137
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197263303.003.0007
Subject:
History, British and Irish Modern History

This chapter explores the problems which union posed to maritime lawyers of both nations. It approaches the questions from an oblique angle by asking why in one area it did become possible to speak ... More


‘The Most Law-Loving People in the World’: The Denouement of the Jamaica Litigation

R. W. Kostal

in A Jurisprudence of Power: Victorian Empire and the Rule of Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199551941
eISBN:
9780191714320
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199551941.003.0008
Subject:
Law, Constitutional and Administrative Law, Legal History

The legal program of the Jamaica Committee was founded on the premise that an English high court would seize on the private criminal prosecutions of Edward Eyre and Nelson and Brand to resolve the ... More


Search and Seizure in Great Britain, 1700–1760: The Legal Background to the Specific Warrant Clause

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/9780195367195.003.0014
Subject:
Law, Legal History

This chapter shows that although the specific warrant was among the fixtures of British law by 1760, its standing within that law also defined the limitations of Britain's contribution to the ... More


Religious Giving Outside the Law in New Delhi

Erica Bornstein

in Sacred Aid: Faith and Humanitarianism

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199916023
eISBN:
9780199950447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916023.003.0006
Subject:
Political Science, International Relations and Politics

This chapter explains how and why religious charity and secular humanitarianism have been legally separated into two distinctive fields in India. It first describes the nature and extent of religious ... More


Canada

Stéphane Beaulac and John H. Currie

in International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199694907
eISBN:
9780191731914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694907.003.0005
Subject:
Law, Public International Law

With two exceptions, Canada's written Constitution is silent on international agreements and treaties. This is because Canada was a British Dominion rather than a sovereign state at the time of ... More


Developments in Search and Seizure Beyond the Transition to Specific Warrants, to 1760

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/9780195367195.003.0018
Subject:
Law, Legal History

This chapter shows that by 1760, Britain and her colonies had formulated ideas and procedures that inspired not only specific warrants, but other features of the Fourth Amendment. However, Britons ... More


The Wilkes Cases: Search and Seizure in Great Britain, 1761–1776

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/9780195367195.003.0019
Subject:
Law, Legal History

This chapter shows that between 1761 and 1776, the specific warrant moved to the center stage of events respecting search and seizure. Britons now realized not only that general warrants had to go, ... More


Becoming Independent

Alexander Tsesis

in For Liberty and Equality: The Life and Times of the Declaration of Independence

Published in print:
2012
Published Online:
September 2012
ISBN:
9780195379693
eISBN:
9780199949847
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195379693.003.0002
Subject:
History, Political History

The American colonies began cooperating politically against British rule even before they adopted the Declaration of Independence. In 1774, delegates from twelve of thirteen colonies gathered in ... More


Indignation About the Proposal to Include Shariah Law in Britain

Nahid Afrose Kabir

in Young British Muslims: Identity, Culture, Politics and the Media

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748641338
eISBN:
9780748653232
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748641338.003.0007
Subject:
Society and Culture, Middle Eastern Studies

The Islamic law or shariah is interpreted according to four schools of law, but the basic elements are the same throughout the Islamic world, particularly the practice of religious rites. Over the ... 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


Introduction

Alison L. LaCroix and Martha C. Nussbaum

in Subversion and Sympathy: Gender, Law, and the British Novel

Published in print:
2013
Published Online:
January 2013
ISBN:
9780199812042
eISBN:
9780199315888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199812042.003.0001
Subject:
Literature, 19th-century and Victorian Literature

This book offers a collection of chapters on gender, law, and the British novel, written by some of the leading figures in the law-and-literature movement, as well as by some legal leading lights who ... More


Speaking for the Law: State Agency in Scott's Novels

in British State Romanticism: Authorship, Agency, and Bureaucratic Nationalism

Published in print:
2009
Published Online:
June 2013
ISBN:
9780804762281
eISBN:
9780804773485
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804762281.003.0004
Subject:
Literature, 19th-century Literature and Romanticism

Scott's novels rethink how the law can best enfold Scotland into Britain. Drawing on Foucault's model of pastoral state power, this chapter argues that Scott develops the historical novel in part to ... More


United Kingdom

Stephen C. Neff

in International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199694907
eISBN:
9780191731914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694907.003.0026
Subject:
Law, Public International Law

In Britain, there is no written constitution. Moreover, regarding Britain as a whole, there are no legislative provisions or regulations that call for the application of international law, in a ... More


English and British Advocacy of the Specific Warrant in Intellectual and Political Context, 1700–1760

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/9780195367195.003.0013
Subject:
Law, Legal History

This chapter explores the English advocacy of the specific warrant. The piecemeal way in which the specific warrant displaced general ones indicated that the British were only beginning to grasp its ... More


Introduction

K. D. Ewing and C. A. Gearty

in The Struggle for Civil Liberties: Political Freedom and the Rule of Law in Britain, 1914-1945

Published in print:
2001
Published Online:
March 2012
ISBN:
9780198762515
eISBN:
9780191695193
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198762515.003.0001
Subject:
Law, Human Rights and Immigration

This chapter discusses and attempts to define civil liberties. Although there have been a number of books written about the subject, these have seemingly failed to provide a working definition of ... More


The Colonial Roots of the Specific Warrant Clause: Search and Seizure in Massachusetts, to 1760

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/9780195367195.003.0015
Subject:
Law, Legal History

This chapter discusses the evolution of the specific warrant in the colonies. It shows that Colonial Massachusetts, not Great Britain, formulated most of the ideas that formed the specific warrant ... More


Economic Dismissals and Social Cost

Hugh Collins

in Justice in Dismissal: The Law of Termination of Employment

Published in print:
1992
Published Online:
March 2012
ISBN:
9780198254355
eISBN:
9780191681479
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254355.003.0006
Subject:
Law, Employment Law

This chapter discusses the legal regulation of economic dismissals and presents an argument that states that the policy of minimizing social cost should comprise one of the principal guides to legal ... More


Riots, Disturbances, Insurrection, and War: Armed Opposition to the Imperial Ideal

Patrick H. Hase

in The Six-Day War of 1899: Hong Kong in the Age of Imperialism

Published in print:
2008
Published Online:
September 2011
ISBN:
9789622098992
eISBN:
9789882207592
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622098992.003.0003
Subject:
History, Asian History

Opposition to the British could take the form of demonstrations, riots, or other civil disturbances, or else insurrection, rebellion, and open war. The reaction of the Imperial authorities differed ... More


Law and the Economy in Colonial India

Tirthankar Roy and Anand V. Swamy

Published in print:
2016
Published Online:
May 2017
ISBN:
9780226387642
eISBN:
9780226387789
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226387789.001.0001
Subject:
Economics and Finance, Economic History

At independence from British colonial rule (1947), India inherited from the Raj a complex legal system, including elaborate laws about private property and commercial contracts. Opinions differ on ... More


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