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Author: Michael D. Birnhack
Publisher: OUP Oxford
ISBN: 019163719X
Category : Law
Languages : en
Pages : 336
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Book Description
When the British Empire enacted copyright law for its colonies and called it colonial, or Imperial, copyright, it had its own interests in mind. Deconstructing the imperial policy regarding copyright offers a startling glimpse into how this law was received in the colonies themselves. Offering the first in-depth study from the point of view of the colonized, this book suggests a general model of Colonial Copyright as it was understood as the intersection of legal transplants, colonial law, and the particular features of copyright, especially authorship. Taking as a case study the story of Mandate Palestine (1917-1948), the book details the untold history of the copyright law that became the basis of Israeli law, and still is the law in the Palestinian Authority. It queries the British motivation in enacting copyright law, traces their first, indifferent reaction, and continues with the gradual absorption into the local legal and cultural systems. In the modern era copyright law is at the forefront of globalization but this was no less true when colonial copyright first emerged. By shining a light on the introduction and reception of copyright law in Mandate Palestine, the book illuminates the broader themes of copyright law: the questions surrounding the concept of authorship; the relationship between copyright and the demands of progress; and the complications of globalization.
Author: Bruce L. Ottley
Publisher: Carolina Academic Press LLC
ISBN: 9781531005504
Category : Law
Languages : en
Pages : 538
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Book Description
"In the waning days of colonialism in Papua New Guinea, much of the rhetoric from local leaders pushing for self-determination focused on replacing the imposed colonial legal system with one that reflected local customs, understandings, relationships, and dispute settlement techniques-in other words, a "uniquely Melanesian jurisprudence." After independence in 1975, however, that aim faded or began to be seen as an impossible objective, and PNG is left with a largely Western legal system. In this book, the authors-who were all directly involved in law teaching, law reform, and judging during that period-explore the potent and enduring grip of colonialism on law and politics long after the colonial regime has been formally disbanded. Combining original historical and legal research, engagement with the scholarly literature of dependency theory and postcolonial studies, and personal observation, interviews, and experience, Making Law in Papua New Guinea offers compelling insights into the many reasons why postcolonial nations remain imprisoned in colonial laws, institutions, and attitudes"--
Author: Peter Charles Hoffer
Publisher: JHU Press
ISBN: 1421434601
Category : History
Languages : en
Pages : 228
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Book Description
An essential, rigorous, and lively introduction to the beginnings of American law. How did American colonists transform British law into their own? What were the colonies' first legal institutions, and who served in them? And why did the early Americans develop a passion for litigation that continues to this day? In Law and People in Colonial America, Peter Charles Hoffer tells the story of early American law from its beginnings on the British mainland to its maturation during the crisis of the American Revolution. For the men and women of colonial America, Hoffer explains, law was a pervasive influence in everyday life. Because it was their law, the colonists continually adapted it to fit changing circumstances. They also developed a sense of legalism that influenced virtually all social, economic, and political relationships. This sense of intimacy with the law, Hoffer argues, assumed a transforming power in times of crisis. In the midst of a war for independence, American revolutionaries used their intimacy with the law to explain how their rebellion could be lawful, while legislators wrote republican constitutions that would endure for centuries. Today the role of law in American life is more pervasive than ever. And because our system of law involves a continuing dialogue between past and present, interpreting the meaning of precedent and of past legislation, the study of legal history is a vital part of every citizen's basic education. Taking advantage of rich new scholarship that goes beyond traditional approaches to view slavery as a fundamental cultural and social institution as well as an economic one, this second edition includes an extensive, entirely new chapter on colonial and revolutionary-era slave law. Law and People in Colonial America is a lively introduction to early American law. It makes for essential reading.
Author: Elmer Beecher Russell
Publisher:
ISBN:
Category : Great Britain
Languages : en
Pages : 242
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Book Description
Author: Sally Frances Low
Publisher: National University of Singapore Press
ISBN: 9789813252448
Category : Cambodia
Languages : en
Pages : 0
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Book Description
An important case study in the history of law under colonialism. Covering a previously neglected area of Cambodian history, Colonial Law Making explores the structural forces and contingent exchanges that shaped colonial law in Cambodia and examines its post-independence colonial legacy. The court of King Norodom and the temples of Angkor Wat became orientalist icons in the French colonial imagination, perpetuating an image of the Protectorate (1863-1953) as special and worthy of preservation. This contributed to exceptionalism in the way the Kingdom was colonized, including through law. Drawing on previously unexamined archival material, Sally Low presents a comparative case study of French approaches to colonial law, jurisdiction, and protection. Although the voices of non-elite Cambodians are largely absent from the archives, their influence on colonial law is evident as they resisted efforts to regulate their lives and their land. Low argues that the result was a set of state legal institutions and an indigenous jurisdiction that blended Cambodian and French notions of patronage and royal power as the source and authority for law. This work is a case study of colonial law as an instrument of control and administration in an indirectly ruled colony. It adds depth to our understanding of the impact of European colonial law and the significance of different forms of colonial rule--direct, indirect, and unofficial. It is easily accessible for non-lawyers and is a must-read for those interested in the recent past of Southeast Asia and the countries that were previously colonized as French Indochina.
Author: Serge Dauchy
Publisher: Legal History Library
ISBN: 9789004442931
Category : History
Languages : en
Pages : 442
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Book Description
"Colonial Adventures: Commercial Law and Practice in the Making addresses the question how and to what extend the development of commercial law and practice, from Ancient Greece to the colonial empires of the nineteenth and twentieth centuries, were indebted to colonial expansion and maritime trade. Illustrated by experiences in Ancient Europe, the Americas, Asia, Africa and Australia, the book examines how colonial powers consciously or not reshaped the law in order to foster the prosperity of homeland manufacturers and entrepreneurs or how local authorities and settlers brought the transplanted law in line with the colonial objectives and the local constraints amid shifting economic, commercial and political realities. Contributors are: Alain Clément, Alexander Claver, Oscar Cruz-Barney, Bas De Roo, Paul du Plessis, Bernard Durand, David Gilles, Petra Mahy, David Mirhady, M. C. Mirow, Luigi Nuzzo, Phillip Lipton, Umakanth Varottil, Jakob Zollmann"--
Author: Sally Frances Low
Publisher:
ISBN: 9789813252455
Category : Cambodia
Languages : en
Pages : 0
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Book Description
Author: Marie Seong-Hak Kim
Publisher: Cambridge University Press
ISBN: 110700697X
Category : History
Languages : en
Pages : 365
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Book Description
Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.
Author: Olufunmilayo B. Arewa
Publisher: Cambridge University Press
ISBN: 1009064223
Category : Law
Languages : en
Pages : 665
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Book Description
In the digital era, many African countries sit at the crossroads of a potential future that will be shaped by digital-era technologies with existing laws and institutions constructed under conditions of colonial and post-colonial authoritarian rule. In Disrupting Africa, Olufunmilayo B. Arewa examines this intersection and shows how it encompasses existing and new zones of contestation based on ethnicity, religion, region, age, and other sources of division. Arewa highlights specific collisions between the old and the new, including in the 2020 #EndSARS protests in Nigeria, which involved young people engaging with varied digital era technologies who provoked a violent response from rulers threatened by the prospect of political change. In this groundbreaking work, Arewa demonstrates how lawmaking and legal processes during and after colonialism continue to frame contexts in which digital technologies are created, implemented, regulated, and used in Africa today.
Author: Donald S. Lutz
Publisher:
ISBN:
Category : History
Languages : en
Pages : 448
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Book Description
Presents 80 documents selected to reflect Eric Voegelin's theory that in Western civilization basic political symbolizations tend to be variants of the original symbolization of Judeo-Christian religious tradition. These documents demonstrate the continuity of symbols preceding the writing of the Constitution and all contain a number of basic symbols such as: a constitution as higher law, popular sovereignty, legislative supremacy, the deliberative process, and a virtuous people. Annotation copyrighted by Book News, Inc., Portland, OR
Author: Tirthankar Roy
Publisher: University of Chicago Press
ISBN: 022638764X
Category : Business & Economics
Languages : en
Pages : 253
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Book Description
By accessibly recounting and analyzing the unique experience of institutions in colonial Indiawhich were influenced heavily by both British Common Law and indigenous Indian practices and traditionsLaw and the Economy in Colonial India sheds new light on what exactly fosters the types of institutions that have been key to economic development throughout world history more generally. The culmination and years of research, the book goes through a range of examples, including textiles, opium, tea, indigo, tenancy, credit, and land mortgage, to show how economic laws in colonial India were shaped neither by imported European ideas about how colonies should be ruled nor indigenous institutions, but by the practice of producing and trading. The book is an essential addition to Indian history and to some of the most fundamental questions in economic history."
