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Reprint of the original, first published in 1883.
Reprint of the original, first published in 1883.
This collection of essays provides insight into early law and custom, and the history of legal systems. Sir Henry Sumner Maine offers thoughtful and nuanced analysis of the origins of legal traditions, and how they have evolved over time. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Groundbreaking analysis of how colonialism created new conceptual categories and spatial forms that reshaped rural societies. This book examines how, over colonial times, the diverse practices and customs of an existing rural universe—with its many forms of livelihood—were reshaped to create a new agrarian world of settled farming. While focusing on Punjab, India, this pathbreaking analysis offers a broad argument about the workings of colonial power: the fantasy of imperialism, it says, is to make the universe afresh. Such radical change, Neeladri Bhattacharya shows, is as much conceptual as material. Agrarian colonization was a process of creating spaces that conformed to the demands of colonial rule. It entailed establishing a regime of categories—tenancies, tenures, properties, habitations—and a framework of laws that made the change possible. Agrarian colonization was in this sense a deep conquest. Colonialism, the book suggests, has the power to revisualize and reorder social relations and bonds of community. It alters the world radically, even when it seeks to preserve elements of the old. The changes it brings about are simultaneously cultural, discursive, legal, linguistic, spatial, social, and economic. Moving from intent to action, concepts to practices, legal enactments to court battles, official discourses to folklore, this book explores the conflicted and dialogic nature of a transformative process. By analyzing this great conquest, and the often silent ways in which it unfolds, the book asks every historian to rethink the practice of writing agrarian history and reflect on the larger issues of doing history. “The Great Agrarian Conquest is a subtle and substantial work of scholarship. If there is one book Indians need to read to understand how colonialism actually worked (or did not work), this is it.” — Ramachandra Guha, in The Wire, in praise of the Indian edition
Opened up by the revival of Classical thought but riven by the violence of the Reformation and Counter Reformation, the terrain of Early Modern law was constantly shifting. The age of expansion saw unparalleled degrees of internal and external exploration and colonization, accompanied by the advance of science and the growing power of knowledge. A Cultural History of Law in the Early Modern Age, covering the period from 1500 to 1680, explores the war of jurisdictions and the slow and contested emergence of national legal traditions in continental Europe and in Britannia. Most particularly, the chapters examine the European quality of the Western legal traditions and seek to link the political project of Anglican common law, the mos britannicus, to its classical European language and context. Drawing upon a wealth of textual and visual sources, A Cultural History of Law in the Early Modern Age presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.
A demonstration of the contemporary context and significance of Maine's approach to the law.
In the common law world, Albert Venn Dicey (1835–1922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, the high priest Dicey is defrocked and a more human Dicey steps forward to offer alternative ways of reading his canonical text, who struggled to appreciate law as a form of reasoned discourse that integrates values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse through which assertions of sovereign power are conditioned by moral aspirations associated with the rule of law.