An Empire of Laws:Legal Pluralism in British Colonial Policy (Yale Law Library Series in Legal History and Reference)

by: Christian R Burset (Author)

Publisher: Yale University Press

Publication Date: 2023/9/26

Language: English

Print Length: 272 pages

ISBN-10: 0300253230

ISBN-13: 9780300253238

Book Description

A compelling reexamination of how Britain used law to shape its empire   For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years’ War (1754–63) as the world’s most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism:some colonies remained under English law, while others, including parts of India and former French territories in North America, retained much of their previous legal regimes.   As legal historian Christian R. Burset argues, determining how much English law a colony received depended on what kind of colony Britain wanted to create. Policymakers thought English law could tu any territory into an anglicized, commercial colony; legal pluralism, in contrast, would ensure a colony’s economic and political subordination. Britain’s tu to legal pluralism thus reflected the victory of a new vision of empire—authoritarian, extractive, and tolerant—over more assimilationist and egalitarian alteatives. Among other implications, this helps explain American colonists’ reverence for the common law:it expressed and preserved their equal status in the empire. This book, the first empire-wide overview of law as an instrument of policy in the eighteenth-century British Empire, offers an imaginative rethinking of the relationship between tolerance and empire.

About the Author

A compelling reexamination of how Britain used law to shape its empire   For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years’ War (1754–63) as the world’s most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism:some colonies remained under English law, while others, including parts of India and former French territories in North America, retained much of their previous legal regimes.   As legal historian Christian R. Burset argues, determining how much English law a colony received depended on what kind of colony Britain wanted to create. Policymakers thought English law could tu any territory into an anglicized, commercial colony; legal pluralism, in contrast, would ensure a colony’s economic and political subordination. Britain’s tu to legal pluralism thus reflected the victory of a new vision of empire—authoritarian, extractive, and tolerant—over more assimilationist and egalitarian alteatives. Among other implications, this helps explain American colonists’ reverence for the common law:it expressed and preserved their equal status in the empire. This book, the first empire-wide overview of law as an instrument of policy in the eighteenth-century British Empire, offers an imaginative rethinking of the relationship between tolerance and empire.