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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.
Native Studies Keywords explores selected concepts in Native studies and the words commonly used to describe them, words whose meanings have been insufficiently examined. This edited volume focuses on the following eight concepts: sovereignty, land, indigeneity, nation, blood, tradition, colonialism, and indigenous knowledge. Each section includes three or four essays and provides definitions, meanings, and significance to the concept, lending a historical, social, and political context. Take sovereignty, for example. The word has served as the battle cry for social justice in Indian Country. But what is the meaning of sovereignty? Native peoples with diverse political beliefs all might say they support sovereignty—without understanding fully the meaning and implications packed in the word. The field of Native studies is filled with many such words whose meanings are presumed, rather than articulated or debated. Consequently, the foundational terms within Native studies always have multiple and conflicting meanings. These terms carry the colonial baggage that has accrued from centuries of contested words. Native Studies Keywords is a genealogical project that looks at the history of words that claim to have no history. It is the first book to examine the foundational concepts of Native American studies, offering multiple perspectives and opening a critical new conversation.
Himself a Lumbee Indian and political scientist, David E. Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. These case studies--and their implications for all minority groups--are important and timely in the context of American government re-examining and redefining itself.
In 2012, the United Nations General Assembly determined that affordable Internet access is a human right, critical to citizen participation in democratic governments. Given the significance of information and communication technologies (ICTs) to social and political life, many U.S. tribes and Native organizations have created their own projects, from streaming radio to building networks to telecommunications advocacy. In Network Sovereignty, Marisa Duarte examines these ICT projects to explore the significance of information flows and information systems to Native sovereignty, and toward self-governance, self-determination, and decolonization. By reframing how tribes and Native organizations harness these technologies as a means to overcome colonial disconnections, Network Sovereignty shifts the discussion of information and communication technologies in Native communities from one of exploitation to one of Indigenous possibility.
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.
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.
Adopting a global approach, Fitzmaurice analyses the laws that shaped modern European empires from medieval times to the twentieth century.
In Stages of Capital, Ritu Birla brings research on nonwestern capitalisms into conversation with postcolonial studies to illuminate the historical roots of India’s market society. Between 1870 and 1930, the British regime in India implemented a barrage of commercial and contract laws directed at the “free” circulation of capital, including measures regulating companies, income tax, charitable gifting, and pension funds, and procedures distinguishing gambling from speculation and futures trading. Birla argues that this understudied legal infrastructure institutionalized a new object of sovereign management, the market, and along with it, a colonial concept of the public. In jurisprudence, case law, and statutes, colonial market governance enforced an abstract vision of modern society as a public of exchanging, contracting actors free from the anachronistic constraints of indigenous culture. Birla reveals how the categories of public and private infiltrated colonial commercial law, establishing distinct worlds for economic and cultural practice. This bifurcation was especially apparent in legal dilemmas concerning indigenous or “vernacular” capitalists, crucial engines of credit and production that operated through networks of extended kinship. Focusing on the story of the Marwaris, a powerful business group renowned as a key sector of India’s capitalist class, Birla demonstrates how colonial law governed vernacular capitalists as rarefied cultural actors, so rendering them illegitimate as economic agents. Birla’s innovative attention to the negotiations between vernacular and colonial systems of valuation illustrates how kinship-based commercial groups asserted their legitimacy by challenging and inhabiting the public/private mapping. Highlighting the cultural politics of market governance, Stages of Capital is an unprecedented history of colonial commercial law, its legal fictions, and the formation of the modern economic subject in India.