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Do so-called universal human rights apply to indigenous, formerly enslaved and colonized peoples? This trenchant book brings human rights into conversation with the histories and afterlives of Western colonialism and slavery. Colin Samson examines the paradox that the nations that credit themselves with formulating universal human rights were colonial powers, settler colonists and sponsors of enslavement. Samson points out that many liberal theorists supported colonialism and slavery, and how this illiberalism plays out today in selective, often racist processes of recognition and enforcement of human rights. To reveal the continuities between colonial histories and contemporary events, Samson connects British, French and American colonial theories and practice to the notion of non-universal human rights. Vivid illustrations and case studies of racial exceptions to human rights are drawn from the afterlives of the enslaved and colonized, as well as recent events such as American police killings of black people, the treatment of Algerian harkis in France, the Windrush scandal in Britain and the militarized suppression of the Standing Rock Water Protectors movement. Advocating for reparative justice and indigenizing law, Samson argues that such events are not a failure of liberalism so much as an inbuilt racial dynamic of it.
Being the first legal corpus in the biblical canon, Exodus 19–24 is a law collection that belonged to a people living under the shadow of empire. Using an integrated approach of postcolonial studies and historical-comparative analysis, this important study analyzes the relationship between the laws given to the Israelites on Mount Sinai and cuneiform law collections. Dr. Anna Lo skillfully integrates postcolonial understandings of the colonized people to explore how the similarities and differences reflect the imperialized authors’ wrestling with the imperial legal metanarrative and subjugation of their time. This investigation into the dynamic of acceptance, ambivalence, and resistance invites attention to this selection of Scripture as a work of conservative revolutionists. Dr. Lo’s thorough work provides an important way forward for scholars to consider responses of the imperialized to empires in the past as well as to reflect on their own response to hegemonic domination today.
Examines the relationship between imperialism and international law.
Drawing on the latest contemporary research from an internationally acclaimed group of scholars, Law, history, colonialism brings together the disciplines of law, history and post-colonial studies in a singular exploration of imperialism. In fresh, innovative essays from a range of disciplinary backgrounds, this collection offers exciting new perspectives on the length and breadth of empire. As issues of native title, truth and reconciliation commissions, and access to land and natural resources are contested in courtrooms and legislation of former colonies, the disciplines of law and history afford new ways of seeing, hearing and creating knowledge. Issues explored include the judicial construction of racial categories, the gendered definitions of nation-states, the historical construction of citizenship, sovereignty and land rights, the limits to legality and the charting of empire, constructions of madness among colonised peoples, reforming property rights of married women, questions of legal and historical evidence, and the rule of law. This collection will be an indispensable reference work to scholars, students and teachers.
Winner of the first Paul A. Baran-Paul M. Sweezy Memorial Award for an original monograph concerned with the political economy of imperialism, John Smith's Imperialism in the Twenty-First Century is a seminal examination of the relationship between the core capitalist countries and the rest of the world in the age of neoliberal globalization.Deploying a sophisticated Marxist methodology, Smith begins by tracing the production of certain iconic commodities-the T-shirt, the cup of coffee, and the iPhone-and demonstrates how these generate enormous outflows of money from the countries of the Global South to transnational corporations headquartered in the core capitalist nations of the Global North. From there, Smith draws on his empirical findings to powerfully theorize the current shape of imperialism. He argues that the core capitalist countries need no longer rely on military force and colonialism (although these still occur) but increasingly are able to extract profits from workers in the Global South through market mechanisms and, by aggressively favoring places with lower wages, the phenomenon of labor arbitrage. Meticulously researched and forcefully argued, Imperialism in the Twenty-First Century is a major contribution to the theorization and critique of global capitalism.
This book examines the relationship between imperialism and international law. It argues that colonial confrontation was central to the formation of international law and, in particular, its founding concept, sovereignty. It argues that racial discrimination, cultural subordination and economic exploitation are constitutively significant for the discipline.
This book explores the historical formation during the colonial period of that part of African law know as customary law.
Extending deconstructive theory to historical and political analysis, Timothy Mitchell examines the peculiarity of Western conceptions of order and truth through a re-reading of Europe's colonial encounter with nineteenth-century Egypt.
Tracing our current preoccupation with nationalist, ethnic, and religious conflict to the “cultural Modernist” revolutions of the early twentieth century, this volume draws on cultural studies, postcolonial theory, and psychoanalysis to offer a radical reinterpretation of contemporary international law’s origins.