In the late nineteenth century, the English legal historians Frederick
Pollock and F.W. Maitland coined the phrase “the grand experiment”
to describe the spread of English law throughout the British Empire.
For Pollock and Maitland, this was an unequivocally positive process
that would uplift settler societies. The work of recent legal
historians, however, has alerted us to the more complex impact English
law had on the peoples, both settler and indigenous, of those colonial
societies. This “new colonial legal history” has revealed subtle
and more ambiguous understandings of “the grand experiment.” The
essays in this volume reflect the exciting new directions in which
legal history in the settler colonies of the British Empire has
developed. The contributors, all noted scholars, show how local life
and culture in selected settlements influenced, and was influenced by,
the ideology of the rule of law that accompanied the British colonial
project. Exploring themes of legal translation, local understandings,
judicial biography, and “law at the boundaries,” they examine the
legal cultures of dominions in Canada, Australia, and New Zealand to
provide a contextual and comparative account of the “incomplete
implementation of the British constitution” in these colonies. A
variety of topics are covered, ranging from libel law in New South
Wales, Upper Canada, and Massachusetts to the much-neglected question
of the extent to which British courts took note of the decisions made
by courts in the settler dominions. Given the current lively debates
about national characteristics and the rights of aboriginal peoples in
British settler societies, this historical investigation has immediate
relevance. The Grand Experiment will be of interest to all those whose
lives have been shaped by the legacy of English law.
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Law and Legal Culture in British Settler Societies
Produktdetaljer
ISBN
9780774814935
Publisert
2020
Utgave
1. utgave
Utgiver
University of British Columbia Press
Språk
Product language
Engelsk
Format
Product format
Digital bok