Download or read book Law and the Modern Mind written by Susanna L. Blumenthal and published by Harvard University Press. This book was released on 2016-02-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In postrevolutionary America, the autonomous individual was both the linchpin of a young nation and a threat to the founders’ vision of ordered liberty. Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence. Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons. In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.
Download or read book Law and Colonial Cultures written by Lauren Benton and published by Cambridge University Press. This book was released on 2002 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that institutions and culture serve as important elements of international legal order.
Download or read book Human Rights and the End of Empire written by Alfred William Brian Simpson and published by Oxford University Press, USA. This book was released on 2004 with total page 1188 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights of 1950 established the most effective international system of human rights protection ever created. This is the first book that gives a comprehensive account of how it came into existence, of the part played in its genesis by the British government, and of its significance for Britain in the period between 1953 and 1966.
Download or read book Agamben and Colonialism written by Marcelo Svirsky and published by Edinburgh University Press. This book was released on 2012-05-11 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays evaluates Agamben's work from a postcolonial perspective. Svirsky and Bignall assemble leading figures to explore the rich philosophical linkages and the political concerns shared by Agamben and postcolonial theory.
Download or read book Alibis of Empire written by Karuna Mantena and published by Princeton University Press. This book was released on 2010-02-07 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alibis of Empire presents a novel account of the origins, substance, and afterlife of late imperial ideology. Karuna Mantena challenges the idea that Victorian empire was primarily legitimated by liberal notions of progress and civilization. In fact, as the British Empire gained its farthest reach, its ideology was being dramatically transformed by a self-conscious rejection of the liberal model. The collapse of liberal imperialism enabled a new culturalism that stressed the dangers and difficulties of trying to "civilize" native peoples. And, hand in hand with this shift in thinking was a shift in practice toward models of indirect rule. As Mantena shows, the work of Victorian legal scholar Henry Maine was at the center of these momentous changes. Alibis of Empire examines how Maine's sociotheoretic model of "traditional" society laid the groundwork for the culturalist logic of late empire. In charting the movement from liberal idealism, through culturalist explanation, to retroactive alibi within nineteenth-century British imperial ideology, Alibis of Empire unearths a striking and pervasive dynamic of modern empire.
Download or read book An Empire on Trial written by Martin J. Wiener and published by Cambridge University Press. This book was released on 2008-12-08 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Empire on Trial is the first book to explore the issue of interracial homicide in the British Empire during its height – examining these incidents and the prosecution of such cases in each of seven colonies scattered throughout the world. It uncovers and analyzes the tensions of empire that underlay British rule and delves into how the problem of maintaining a liberal empire manifested itself in the late nineteenth and early twentieth centuries. The work demonstrates the importance of the processes of criminal justice to the history of the empire and the advantage of a trans-territorial approach to understanding the complexities and nuances of its workings. An Empire on Trial is of interest to those concerned with race, empire, or criminal justice, and to historians of modern Britain or of colonial Australia, India, Kenya, or the Caribbean. Political and post-colonial theorists writing on liberalism and empire, or race and empire, will also find this book invaluable.
Download or read book A Turn to Empire written by Jennifer Pitts and published by Princeton University Press. This book was released on 2009-04-11 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dramatic shift in British and French ideas about empire unfolded in the sixty years straddling the turn of the nineteenth century. As Jennifer Pitts shows in A Turn to Empire, Adam Smith, Edmund Burke, and Jeremy Bentham were among many at the start of this period to criticize European empires as unjust as well as politically and economically disastrous for the conquering nations. By the mid-nineteenth century, however, the most prominent British and French liberal thinkers, including John Stuart Mill and Alexis de Tocqueville, vigorously supported the conquest of non-European peoples. Pitts explains that this reflected a rise in civilizational self-confidence, as theories of human progress became more triumphalist, less nuanced, and less tolerant of cultural difference. At the same time, imperial expansion abroad came to be seen as a political project that might assist the emergence of stable liberal democracies within Europe. Pitts shows that liberal thinkers usually celebrated for respecting not only human equality and liberty but also pluralism supported an inegalitarian and decidedly nonhumanitarian international politics. Yet such moments represent not a necessary feature of liberal thought but a striking departure from views shared by precisely those late-eighteenth-century thinkers whom Mill and Tocqueville saw as their forebears. Fluently written, A Turn to Empire offers a novel assessment of modern political thought and international justice, and an illuminating perspective on continuing debates over empire, intervention, and liberal political commitments.
Download or read book The Indian Mutiny and the British Imagination written by Gautam Chakravarty and published by Cambridge University Press. This book was released on 2005-01-13 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gautam Chakravarty explores representations of the event which has become known in the British imagination as the 'Indian Mutiny' of 1857 in British popular fiction and historiography. Drawing on a wide range of primary sources including diaries, autobiographies and state papers, Chakravarty shows how narratives of the rebellion were inflected by the concerns of colonial policy and by the demands of imperial self-image. He goes on to discuss the wider context of British involvement in India from 1765 to the 1940s, and engages with constitutional debates, administrative measures, and the early nineteenth-century Anglo-Indian novel. Chakravarty approaches the mutiny from the perspectives of postcolonial theory as well as from historical and literary perspectives to show the extent to which the insurrection took hold of the popular imagination in both Britain and India. The book has a broad interdisciplinary appeal and will be of interest to scholars of English literature, British imperial history, modern Indian history and cultural studies.
Download or read book The Government of Social Life in Colonial India written by Rachel Sturman and published by Cambridge University Press. This book was released on 2012-06-29 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the early days of colonial rule in India, the British established a two-tier system of legal administration. Matters deemed secular were subject to British legal norms, while suits relating to the family were adjudicated according to Hindu or Muslim law, known as personal law. This important new study analyses the system of personal law in colonial India through a re-examination of women's rights. Focusing on Hindu law in western India, it challenges existing scholarship, showing how - far from being a system based on traditional values - Hindu law was developed around ideas of liberalism, and that this framework encouraged questions about equality, women's rights, the significance of bodily difference, and more broadly the relationship between state and society. Rich in archival sources, wide-ranging and theoretically informed, this book illuminates how personal law came to function as an organising principle of colonial governance and of nationalist political imaginations.
Download or read book The Afghan Knife written by Robert Armitage STERNDALE and published by . This book was released on 1879 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Frontier Crimes Regulation written by Robert Nichols and published by OUP Pakistan. This book was released on 2013-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains primary source documents related to the writing of the Punjab Frontier Crimes Regulation of 1887 and ensuing years of debate over the need for additional revisions to the FCR. In the years after 11 September 2001, a period of turmoil in Afghanistan and the Federally Administered Tribal Areas of Pakistan, such debates were urgently continued, even as power relations meant they were less urgently acted upon.
Download or read book Against Lord and State written by K. N. Panikkar and published by Oxford University Press, USA. This book was released on 1989 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguing against the generally held view that the Mappila uprisings of Malabar resulted either from communal tension or agrarian discontent, this book analyzes the complex interrelationships between economic discontent and religious ideology in which the conflicts were rooted. Panikkar delineates the evolution of a negative class consciousness among the rural Hindu Mappilas from the early years of British rule to the final and decisive 1921 uprising against the lord and state.
Download or read book Colonial Justice in British India written by Elizabeth Kolsky and published by Cambridge University Press. This book was released on 2009-12-03 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Colonial Justice in British India describes and examines the lesser-known history of white violence in colonial India. By foregrounding crimes committed by a mostly forgotten cast of European characters - planters, paupers, soldiers and sailors - Elizabeth Kolsky argues that violence was not an exceptional but an ordinary part of British rule in the subcontinent. Despite the pledge of equality, colonial legislation and the practices of white judges, juries and police placed most Europeans above the law, literally allowing them to get away with murder. The failure to control these unruly whites revealed how the weight of race and the imperatives of command imbalanced the scales of colonial justice. In a powerful account of this period, Kolsky reveals a new perspective on the British Empire in India, highlighting the disquieting violence that invariably accompanied imperial forms of power.
Download or read book Thuggee written by K. Wagner and published by Springer. This book was released on 2007-07-12 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based largely on new material, this book examines thuggee as a type of banditry, emerging in a specific socio-economic and geographic context. The British usually described the thugs as fanatic assassins and Kali-worshippers, yet Wagner argues that the history of thuggee need no longer be limited to the study of its representation.
Download or read book Frontier of Faith written by Sana Haroon and published by Oxford University Press, USA. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sana Haroon examines religious organisation and mobilisation in the North-West Frontier Tribal Areas, a non-administered region on the Indo-Afghan border. The Tribal Areas was defined topographically as a strategic zone of defence for British India, but also determined to be socially distinct and hence left outside the judicial, legislative and social institutions of greater colonial India. Conditions of Tribal Areas autonomy came to emphasize the role and importance of the mullahs operating in the region, and the mullahs jealously protected this administrative alienation. Despite its great distance from the centers of political organization in India and Afghanistan, the frontier occasionally functioned as a military organization ground for both Indian and Afghan anti-colonial activists until independence and partition of the Indian subcontinent in 1947. Thereafter the Tribal Areas maintained status as an administratively and socially autonomous region in both the Afghan and Pakistani national imaginations and cartographic descriptions. The regional mullas continued to contribute to armed mobilizations of national importance in Pakistan and in Afghanistan over the next half century, in return for which nationalist actors supported the mullahs and their personal interest in regional autonomy. This was the hinterland of successive, contradictory jihads in support of Pakhtun ethnicism, anti-colonial nationalism, Pakistani territorialism, religious revivalism, Afghan anti-Soviet resistance, and anti-Americanism. Only the claim to autonomy persisted unchanged and uncompromised, and within that claim the functional role of religious leaders as social moderators and ideological guides was preserved. From outside, patrons recognised and supported that claim, reliant in their own ways on the possibilities the autonomous Tribal Areas and its mullahs afforded.
Download or read book The Administration of India from 1859 1868 written by Iltudus Thomas Prichard and published by . This book was released on 1869 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book India s north west Frontier written by William Barton (Sir) and published by . This book was released on 1939 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: