The Courts and the Colonies
The Courts and the Colonies

Author: Alvin J. Esau

Publisher: UBC Press

Published: 2004

Total Pages: 402

ISBN-13: 9780774811170

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The Courts and the Colonies offers a detailed account of a protracted dispute arising within a Hutterite colony in Manitoba, when the Schmiedeleut leaders attempted to force the departure of a group that had been excommunicated but would not leave. This resulted in about a dozen lawsuits in both Canada and the United States between various Hutterite factions and colonies, and placed the issues of shunning, excommunication, legitimacy of leadership, and communal property rights before the secular courts. What is the story behind this extraordinary development in Hutterite history? How did the courts respond, and how did that outside (state) law relate to the traditional inside law of the Hutterites? Utilizing voluminous court records, Esau provides a detailed and fascinating narrative of the prolonged disputes and litigation history of Hutterite colonies at Lakeside, Oak Bluff, Rock Lake, and Huron. He considers whether the legal action was consistent with the historic non-resistance of Hutterites or whether it signaled a fundamental change in norms of Anabaptist perspectives on litigation. He examines the past history of Hutterite litigation, and how the roots of the schism related to controversy over the Schmiedeleut leadership and its alliance with the Bruderhof, a group of Christian communalists, living mainly in the Eastern United States. At stake is the nature of freedom of religion in Canada and the extent to which our pluralistic society is prepared to accommodate the existence of groups that have an illiberal legal system that may not cohere with the outside legal system of the host society. While this book will be of particular interest to scholars of law and religion, it will also appeal to anyone in Anabaptist studies, sociology, anthropology, political theory, and conflict resolution.

Criminal Justice in Colonial America, 1606-1660
Criminal Justice in Colonial America, 1606-1660

Author: Bradley Chapin

Publisher: University of Georgia Press

Published: 2010-06-01

Total Pages: 224

ISBN-13: 0820336912

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This study analyzes the development of criminal law during the first several generations of American life. Its comparison of the substantive and procedural law among the colonies reveals the similarities and differences between the New England and the Chesapeake colonies. Bradley Chapin addresses the often-debated question of the “reception” of English law and makes estimates of the relative weight of the sources and methods of early American law. A main theme of his book is that colonial legislators and judges achieved a significant reform of the English criminal law at a time when a parallel movement in England failed. The analysis is made specific and concrete by statistics that show patterns of prosecutions and crime rates. In addition to the exciting and convincing theme of a “lost period” of great creativity in American criminal law, Chapin gives a wealth of detail on statutory and common-law rulings, noteworthy criminal cases, and judicial views of how the law was to be administered. He provides social and economic explanations of shifts and peculiarities in the law, using carefully arranged evidence from the records. His treatment of the Quaker cases in Massachusetts and the witchcraft prosecutions in New England throws new light on those frequently misunderstood episodes. Chapin's book will be of interest not only to scholars working in the field but also to anyone curious about early American legal history.

Courts of Admirality in Colonial America
Courts of Admirality in Colonial America

Author: David R. Owen

Publisher:

Published: 1995

Total Pages: 472

ISBN-13:

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The format of this book makes it attractive to both the general reader, interested in the bearing of the colonial period on the development of American law in the early years of the Republic, and the specialist, interested in how these courts worked, who used them and with what results. The main text describes how the unique features of the English admiralty appeared, or failed to appear, in colonial America and came to influence federal admiralty law and practice today.

An Independent, Colonial Judiciary
An Independent, Colonial Judiciary

Author: Abhinav Chandrachud

Publisher: Oxford University Press

Published: 2015-05-28

Total Pages: 494

ISBN-13: 0199089485

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In 2012, the Bombay High Court celebrated the 150th year of its existence. As one of three high courts first set up in colonial India in 1862, it functioned as a court of original and appellate jurisdiction during the British Raj for over 80 years, occupying the topmost rung of the judicial hierarchy in the all-important Bombay Presidency. Yet, remarkably little is known of how the court functioned during the colonial era. The historiography of the court is quite literally anecdotal. The most well known books written on the history of the court focus on humorous (at times, possibly apocryphal) stories about 'eminent' judges and 'great' lawyers, bordering on hagiography. Examining the backgrounds and lives of the 83 judges-Britons and Indians-who served on the Bombay High Court during the colonial era, and by exploring the court's colonial past, this book attempts to understand why British colonial institutions like the Bombay High Court flourished even after India became independent. In the process, this book will attempt to unravel complex changes which took place in Indian society, the legal profession, the law, and the legal culture during the colonial era.

Colonial Justice and Decolonization in the High Court of Tanzania, 1920-1971
Colonial Justice and Decolonization in the High Court of Tanzania, 1920-1971

Author: Ellen R. Feingold

Publisher: Springer

Published: 2018-02-09

Total Pages: 286

ISBN-13: 3319696912

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This book is the first study of the development and decolonization of a British colonial high court in Africa. It traces the history of the High Court of Tanzania from its establishment in 1920 to the end of its institutional process of decolonization in 1971. This process involved disentangling the High Court from colonial state structures and imperial systems that were built on racial inequality while simultaneously increasing the independence of the judiciary and application of British judicial principles. Feingold weaves together the rich history of the Court with a discussion of its judges – both as members of the British Colonial Legal Service and as individuals – to explore the impacts and intersections of imperial policies, national politics, and individual initiative. Colonial Justice and Decolonization in the High Court of Tanzania is a powerful reminder of the crucial roles played by common law courts in the operation and legitimization of both colonial and post-colonial states.

The Courts of Pre-colonial South India
The Courts of Pre-colonial South India

Author: Jennifer Howes

Publisher: Psychology Press

Published: 2003

Total Pages: 296

ISBN-13: 9780700715855

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This book investigates how the material culture of South Indian courts was perceived by those who lived there in the pre-colonial period. Howes peels away the standard categories used to study Indian palace space, such as public/private and male/female, and replaces them with indigenous descriptions of space found in court poetry, vastu shastra and painted representations of courtly life. Set against the historical background of the events which led to the formation of the Ramnad Kingdom, the Kingdom's material circumstances are examined, beginning with the innermost region of the palace and moving out to the Kingdom via the palace compound itself and the walled town which surrounded it. An important study for both art historians and South India specialists. The volume is richly illustrated in colour.

From the Colonial to the Contemporary
From the Colonial to the Contemporary

Author: Rahela Khorakiwala

Publisher: Bloomsbury Publishing

Published: 2020-01-09

Total Pages: 472

ISBN-13: 1509930663

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From the Colonial to the Contemporary explores the representation of law, images and justice in the first three colonial high courts of India at Calcutta, Bombay and Madras. It is based upon ethnographic research work and data collected from interviews with judges, lawyers, court staff, press reporters and other persons associated with the courts. Observing the courts through the in vivo, in trial and practice, the book asks questions at different registers, including the impact of the architecture of the courts, the contestation around the renaming of the high courts, the debate over the use of English versus regional languages, forms of addressing the court, the dress worn by different court actors, rules on photography, video recording, live telecasting of court proceedings, use of CCTV cameras and the alternatives to courtroom sketching, and the ceremony and ritual that exists in daily court proceedings. The three colonial high courts studied in this book share a recurring historical tension between the Indian and British notions of justice. This tension is apparent in the semiotics of the legal spaces of these courts and is transmitted through oral history as narrated by those interviewed. The contemporary understandings of these court personnel are therefore seen to have deep historical roots. In this context, the architecture and judicial iconography of the high courts helps to constitute, preserve and reinforce the ambivalent relationship that the court shares with its own contested image.

Law and Custom in Korea
Law and Custom in Korea

Author: Marie Seong-Hak Kim

Publisher: Cambridge University Press

Published: 2012-08-27

Total Pages: 365

ISBN-13: 110700697X

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Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.