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This original contribution to Indian history, focusing on contemporary and largely indigenous documents, introduces a set of concepts for the analysis of late Mughal rule. More specifically it examines the origins and development of the Maratha svardjya or 'self-rule' within the context of declining Muslim power. It traces the expansion of Maratha dominion to a process of fitna, a policy of 'shifting alliances' which was recurrent in the wake of Muslim expansion throughout its history. The book gives an interesting perspective on Hindu-Muslim relationships in the pre-British period as well as on the nature of the Indo-Muslim state and its most important successor polity, on its capacity for change and development in the intermediate sections of society, the land-tenurial system, the monetization of the economy, and on the fiscal system.
Between the early 17th century and the early 20th, nearly all U.S. land was transferred from American Indians to whites. Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers--time, place, and the balance of power between Indians and settlers decided the outcome of land struggles.
The Indian World of George Washington offers a fresh portrait of the most revered American and the Native Americans whose story has been only partially told.
The Sovereign Lives of India and Pakistan explores what it has meant for the two countries to act as sovereign states entangled at birth by an unsatisfactory partition. Sovereignty is conventionally understood as a means to achieve the goals that states set for themselves. This book argues that for India and Pakistan, sovereignty has become an end in itself, and that its pursuit has aided majoritarianism, insecurity, and mutual estrangement. It examines the trajectory of three problems that the partition of 1947 bequeathed to the two states. It investigates the state–minority relations, national identity debates, and contestation over Kashmir to outline the parallel processes of minoritization, homogenization, and territorialization. It shows how these processes signify the two states' quest for sovereignty. The scholarship on India and Pakistan often privileges their bilateral relations. In contrast, the author carries out the deeper task of a single-frame analysis and critique of their intertwined statehoods. Ultimately, the book shows the inadequacy of the nation-state form as the basis for political community in the subcontinent. It concludes by pointing to the contemporary relevance of alternative ideas of sovereignty and political community in South Asia that were articulated during the first half of the 20th century.
Adopting a global approach, Fitzmaurice analyses the laws that shaped modern European empires from medieval times to the twentieth century.
A Nation Rising chronicles the political struggles and grassroots initiatives collectively known as the Hawaiian sovereignty movement. Scholars, community organizers, journalists, and filmmakers contribute essays that explore Native Hawaiian resistance and resurgence from the 1970s to the early 2010s. Photographs and vignettes about particular activists further bring Hawaiian social movements to life. The stories and analyses of efforts to protect land and natural resources, resist community dispossession, and advance claims for sovereignty and self-determination reveal the diverse objectives and strategies, as well as the inevitable tensions, of the broad-tent sovereignty movement. The collection explores the Hawaiian political ethic of ea, which both includes and exceeds dominant notions of state-based sovereignty. A Nation Rising raises issues that resonate far beyond the Hawaiian archipelago, issues such as Indigenous cultural revitalization, environmental justice, and demilitarization. Contributors. Noa Emmett Aluli, Ibrahim G. Aoudé, Kekuni Blaisdell, Joan Conrow, Noelani Goodyear-Ka'opua, Edward W. Greevy, Ulla Hasager, Pauahi Ho'okano, Micky Huihui, Ikaika Hussey, Manu Ka‘iama, Le‘a Malia Kanehe, J. Kehaulani Kauanui, Anne Keala Kelly, Jacqueline Lasky, Davianna Pomaika'i McGregor, Nalani Minton, Kalamaoka'aina Niheu, Katrina-Ann R. Kapa'anaokalaokeola Nakoa Oliveira, Jonathan Kamakawiwo'ole Osorio, Leon No'eau Peralto, Kekailoa Perry, Puhipau, Noenoe K. Silva, D. Kapua‘ala Sproat, Ty P. Kawika Tengan, Mehana Blaich Vaughan, Kuhio Vogeler, Erin Kahunawaika’ala Wright
"This book makes a case for the unprecedented violence in India's immediate postcolonization and argues that it played a crucial role in institutional and constitutional development during this six-year span"--
This important new book by one of the world's leading political theorists boldly questions the moral justification for organizing our world as a territorial states-system and proposes major changes to states' sovereign powers.
In a brilliant comparative study of law and imperialism, Lisa Ford argues that modern settler sovereignty emerged when settlers in North America and Australia defined indigenous theft and violence as crime. This occurred, not at the moment of settlement or federation, but in the second quarter of the nineteenth century when notions of statehood, sovereignty, empire, and civilization were in rapid, global flux. Ford traces the emergence of modern settler sovereignty in everyday contests between settlers and indigenous people in early national Georgia and the colony of New South Wales. In both places before 1820, most settlers and indigenous people understood their conflicts as war, resolved disputes with diplomacy, and relied on shared notions like reciprocity and retaliation to address frontier theft and violence. This legal pluralism, however, was under stress as new, global statecraft linked sovereignty to the exercise of perfect territorial jurisdiction. In Georgia, New South Wales, and elsewhere, settler sovereignty emerged when, at the same time in history, settlers rejected legal pluralism and moved to control or remove indigenous peoples.
In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution – long the foundation of the UNCLOS framework – in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.