Drawing on the latest contemporary research from an internationally acclaimed group of scholars, this book examines the meanings of 'law' and 'imperialism'. The book explores the effects of the presence of indigenous peoples on the modification, interpretation and inheritance of British laws and the legal ideology by white law-makers. It offers a brief history of imperial law, focusing ultimately on its terminal failure in colonialism. The first part of the book presents the processes of colonialism's legality, the internal dynamics of law's theories, the external politics of law's rule. A brief history of imperial law, focusing ultimately on its terminal failure in colonialism, follows. The second part foregrounds racial differentiation at the heart of colonialism, and the work of law(s), courts and legislatures. It helps in defining a colonial population and in categorizing and excluding colonized populations from citizenship in specific localities. The central theme of the third part of the book is conflict: of collision between differing legalities and concepts of justice. The focus is on legal principles and evidence, and on narrative as imperial power. The fourth part explores and analyzes specific historical instances where law and history intersect, challenging European paradigms of sovereignty and fairness from the perspective of indigenous rights. Colonialism lives on in settler societies and other so-called 'postcolonial' states. It lives in continuing conflict over natural resources, daily reconstitution of gender and 'race', and the ongoing challenge to the veracity of indigenous evidence in courtrooms.
In Australia, Aotearoa New Zealand, Canada and South Africa indigenous peoples were displaced, marginalised and sometimes subjected to attempted genocide through the colonial process. This book is a collection of essays that focuses on the ways the long history of contact between indigenous peoples and the heterogeneous white colonial communities has been obscured, narrated and embodied in public culture. The essays and artwork in this book insist that an understanding of the political and cultural institutions and practices which shaped settler-colonial societies in the past can provide important insights into how this legacy of unequal rights can be contested in the present. The essays in the first part of the book focus on colonial administrative structures and their intersection with the emergence of settler civil society in terms of welfare policy, regional colonial administration, and labour unions. The second section focuses on the struggles over the representation of national histories through the analyses of key cultural institutions and monuments, both historically and in terms of contemporary strategies. The third section provides comparative instances of historical and contemporary challenges to the colonial legacy from indigenous and migrant communities. The final section of the book explores some of the different voices and strategies for articulating the complexities of lived experience in transforming societies with a history of settler colonialism.
PART I Colonialism’s
legality Legalism accompanied and
facilitated European colonial expansion into the New World in the fifteenth
and sixteenth centuries, and it was at the core of the colonialist
enterprise from the seventeenth to the nineteenth century. Here we see the
processes of colonialism’s legality, the internal dynamics of
law’s theories, the external politics of law’s rule.
PART V Colonialism’s
legacy Colonialism lives on in settler
societies and other so-called ‘postcolonial’ states, in
continuing conflict over natural resources, in the construction of national
histories, in the daily reconstitution of gender and ‘race’, in
the ongoing challenge to the veracity of indigenous evidence in courtrooms.
Here the very concept of history is problematized, as law and history
This book presents an examination of the nexus between empire and colonial identity. Exploring the politics of history-making and interest in preserving the material remnants of the past in late nineteenth and early twentieth century colonial society, it covers indigenous pasts, as well as those of European origin. While the focus is on New Zealand, the book examines Australian and Canadian experiences to analyse the different groups and political interests. It seeks to highlight the complex network of separate and often conflicting influences upon national identity, ranging from the individual, to the community, to the national, to the transnational. The book begins by analysing the intersection between ethnographic exhibition and colonisation. While considering Maori material culture more broadly, it focuses on the place of Maori historical and cultural sites, and immovable material culture, within tourism, exhibition, and museum practice. The Centennial was a major step towards the creation of nation and the breaking down of regional parochialisms. Considering the place of history and heritage in early twentieth-century Australia and Canada alongside that of New Zealand, a number of things become clear. As New Zealand became an increasingly urbanised country, the mnemonic significance of the distant racial frontier of the early colonial period and the New Zealand Wars was trumped by the remnants of European history in the landscape. Port Arthur offers a valuable window into local attitudes to the historical fabric, originating with the small community so dependent upon the visitors the site brought in.
Explaining how leprosy was considered in various historical settings by referring to categories of uncleanliness in antiquity, is problematic. The book historicizes how leprosy has been framed and addressed. It investigates the history of leprosy in Suriname, a plantation society where the vast majority of the population consisted of imported slaves from Africa. The relationship between the modern stigmatization and exclusion of people affected with leprosy, and the political tensions and racial fears originating in colonial slave society, exerting their influence until after the decolonization up to the present day. The book explores leprosy management on the black side of the medical market in the age of slavery as contrasted with the white side. The difference in perspectives on leprosy between African slaves and European masters contributed to the development of the 'Great Confinement' policies, and leprosy sufferers were sent to the Batavia leprosy asylum. Dutch debates about leprosy took place when the threat of a 'return' of leprosy to the Netherlands appeared to materialise. A symbiotic alliance for leprosy care that had formed between the colonial state and the Catholics earlier in the nineteenth century was renegotiated within the transforming landscape of Surinamese society to incorporate Protestants as well. By 1935, Dutch colonial medicine had dammed the growing danger of leprosy by using the modern policies of detection and treatment. Dutch doctors and public health officials tried to come to grips with the Afro-Surinamese belief in treef and its influence on the execution of public health policies.
empire, and to Britain in China. This repertoire facilitated the
operation under the British flag in China, in the treaty ports and
beyond, of a wide range of interests and groups. But they operated too,
and for too long, beyond the effective reach of the British state.
Sino-British relations before the 1930s were hamstrung by a
semi-autonomous colonialism which the British state
aspects of the past, integral to the historical narrative. Such a
view of the feminist historical project, however, has some
problematic implications when applied to the history of empire.
The recuperative drive to place women in the history of
colonialism and imperialism takes the texts and reminiscences of
white women as literal accounts of their experiences, authentic and
of discussion to
conference delegates, reflecting the immediate contemporary importance
of these issues in Settler societies’ and revealing a burgeoning
interdisciplinary scholarship on law, history and colonialism. This
collection is drawn from the papers presented at that conference.
While the papers published here represent only a small
sample of the diverse range presented at the conference, they
The work of law and medicine in the creation of the colonial asylum
The colonial asylum in Australia
and New Zealand was based largely on an English imperial model and
became one site for the shaping of colonial identities in medicine.
The ‘casualties’ of colonialism often found their way
into this institution. 1 This paper examines the historical
relationship between medicine and law that brought particular