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Author : Martin J. Wiener Publisher : Cambridge University Press Page : 401 pages File Size : 29,87 MB Release : 2008-12-08 Category : History ISBN : 1139473441
An Empire on Trial is the first book to explore the issue of interracial homicide in the British Empire during its height – examining these incidents and the prosecution of such cases in each of seven colonies scattered throughout the world. It uncovers and analyzes the tensions of empire that underlay British rule and delves into how the problem of maintaining a liberal empire manifested itself in the late nineteenth and early twentieth centuries. The work demonstrates the importance of the processes of criminal justice to the history of the empire and the advantage of a trans-territorial approach to understanding the complexities and nuances of its workings. An Empire on Trial is of interest to those concerned with race, empire, or criminal justice, and to historians of modern Britain or of colonial Australia, India, Kenya, or the Caribbean. Political and post-colonial theorists writing on liberalism and empire, or race and empire, will also find this book invaluable.
Author : Martin J. Wiener Publisher : Cambridge University Press Page : 270 pages File Size : 25,59 MB Release : 2008-12-08 Category : History ISBN : 9780521513654
An Empire on Trial is the first book to explore the issue of interracial homicide in the British Empire during its height - examining these incidents and the prosecution of such cases in each of seven colonies scattered throughout the world. It uncovers and analyzes the tensions of empire that underlay British rule and delves into how the problem of maintaining a liberal empire manifested itself in the late nineteenth and early twentieth centuries. The work demonstrates the importance of the processes of criminal justice to the history of the empire and the advantage of a trans-territorial approach to understanding the complexities and nuances of its workings. An Empire on Trial is of interest to those concerned with race, empire, or criminal justice, and to historians of modern Britain or of colonial Australia, India, Kenya, or the Caribbean. Political and postcolonial theorists writing on liberalism and empire, or race and empire, will also find this book invaluable.
Many have told of the East India Company’s extraordinary excesses in eighteenth-century India, of the plunder that made its directors fabulously wealthy and able to buy British land and titles, but this is only a fraction of the story. When one of these men—Warren Hastings—was put on trial by Edmund Burke, it brought the Company’s exploits to the attention of the public. Through the trial and after, the British government transformed public understanding of the Company’s corrupt actions by creating an image of a vulnerable India that needed British assistance. Intrusive behavior was recast as a civilizing mission. In this fascinating, and devastating, account of the scandal that laid the foundation of the British Empire, Nicholas Dirks explains how this substitution of imperial authority for Company rule helped erase the dirty origins of empire and justify the British presence in India. The Scandal of Empire reveals that the conquests and exploitations of the East India Company were critical to England’s development in the eighteenth century and beyond. We see how mercantile trade was inextricably linked with imperial venture and scandalous excess and how these three things provided the ideological basis for far-flung British expansion. In this powerfully written and trenchant critique, Dirks shows how the empire projected its own scandalous behavior onto India itself. By returning to the moment when the scandal of empire became acceptable we gain a new understanding of the modern culture of the colonizer and the colonized and the manifold implications for Britain, India, and the world.
The principal protagonists of this history of the Enlightenment are non-literate, poor, and enslaved colonial litigants who began to sue their superiors in the royal courts of the Spanish empire. With comparative data on civil litigation and close readings of the lawsuits, The Enlightenment on Trial explores how ordinary Spanish Americans actively produced modern concepts of law.
A study of the internal tensions of British imperial rule told through murder and insanity trials Unsound Empire is a history of criminal responsibility in the nineteenth-century British Empire told through detailed accounts of homicide cases across three continents. If a defendant in a murder trial was going to hang, he or she had to deserve it. Establishing the mental element of guilt--criminal responsibility--transformed state violence into law. And yet, to the consternation of officials in Britain and beyond, experts in new scientific fields posited that insanity was widespread and growing, and evolutionary theories suggested that wide swaths of humanity lacked the self-control and understanding that common law demanded. Could it be fair to punish mentally ill or allegedly "uncivilized" people? Could British civilization survive if killers avoided the noose?
Empire On Trial is the first installment of a two-part series documenting the spread of empire from the birth of civilization and writing in Mesopotamia to the American empire of the present day. Groundbreaking new research uncovered by authors Paul Marlais and David Byrne traces the common links and trends over 5,000 years of history by following the money, tracking the movement of merchant activities, and studying the trail of written records of these eras, using mainstream scholarship from the fields of archaeology and linguistics, among others, to chronicle and shed light on what were once mysteries of the past. Many such mysteries have been resolved in recent years due to the mass availability of information on the internet, but Empire On Trial presents novel and stunning conclusions the reader will only find in this remarkable series.Accompanying the masterfully written text and the historical breakthroughs contained within it are close to a thousand academic references and over 200 images that include maps, architectural reconstructions, artifacts of every sort, in-depth information about written the archives uncovered in Ebla, Mari, Kanesh, and Amarna, and much more.This vast undertaking by Marlais and Byrne opens up a new world of knowledge into ancient empires that will be expanded upon in Book II, and is certain to make Empire On Trial one of the most important scholarly works of the twenty first century.
For as long as accuser and accused have faced each other in public, criminal trials have been establishing far more than who did what to whom–and in this fascinating book, Sadakat Kadri surveys four thousand years of courtroom drama. A brilliantly engaging writer, Kadri journeys from the silence of ancient Egypt’s Hall of the Dead to the clamor of twenty-first-century Hollywood to show how emotion and fear have inspired Western notions of justice–and the extent to which they still riddle its trials today. He explains, for example, how the jury emerged in medieval England from trials by fire and water, in which validations of vengeance were presumed to be divinely supervised, and how delusions identical to those that once sent witches to the stake were revived as accusations of Satanic child abuse during the 1980s. Lifting the lid on a particularly bizarre niche of legal history, Kadri tells how European lawyers once prosecuted animals, objects, and corpses–and argues that the same instinctive urge to punish is still apparent when a child or mentally ill defendant is accused of sufficiently heinous crimes. But Kadri’s history is about aspiration as well as ignorance. He shows how principles such as the right to silence and the right to confront witnesses, hallmarks of due process guaranteed by the U.S. Constitution, were derived from the Bible by twelfth-century monks. He tells of show trials from Tudor England to Stalin’s Soviet Union, but contends that “no-trials,” in Guantánamo Bay and elsewhere, are just as repugnant to Western traditions of justice and fairness. With governments everywhere eroding legal protections in the name of an indefinite war on terror, Kadri’s analysis could hardly be timelier. At once encyclopedic and entertaining, comprehensive and colorful, The Trial rewards curiosity and an appreciation of the absurd but tackles as well questions that are profound. Who has the right to judge, and why? What did past civilizations hope to achieve through scapegoats and sacrifices–and to what extent are defendants still made to bear the sins of society at large? Kadri addresses such themes through scores of meticulously researched stories, all told with the verve and wit that won him one of Britain’s most prestigious travel-writing awards–and in doing so, he has created a masterpiece of popular history.
Turkey’s bid to join the European Union has lent new urgency to the issue of the Armenian Genocide as differing interpretations of the genocide are proving to be a major reason for the delay of the its accession. This book provides vital background information and is a prime source of legal evidence and authentic Turkish eyewitness testimony of the intent and the crime of genocide against the Armenians. After a long and painstaking effort, the authors, one an Armenian, the other a Turk, generally recognized as the foremost experts on the Armenian Genocide, have prepared a new, authoritative translation and detailed analysis of the Takvim-i Vekâyi, the official Ottoman Government record of the Turkish Military Tribunals concerning the crimes committed against the Armenians during World War I. The authors have compiled the documentation of the trial proceedings for the first time in English and situated them within their historical and legal context. These documents show that Wartime Cabinet ministers, Young Turk party leaders, and a number of others inculpated in these crimes were court-martialed by the Turkish Military Tribunals in the years immediately following World War I. Most were found guilty and received sentences ranging from prison with hard labor to death. In remarkable contrast to Nuremberg, the Turkish Military Tribunals were conducted solely on the basis of existing Ottoman domestic penal codes. This substitution of a national for an international criminal court stands in history as a unique initiative of national self-condemnation. This compilation is significantly enhanced by an extensive analysis of the historical background, political nature and legal implications of the criminal prosecution of the twentieth century’s first state-sponsored crime of genocide.
This fascinating book shows how the later years of the British Empire were characterised by accidental oversights, irresponsible opportunism and uncertain pragmatism.
For nineteenth-century Britons, the rule of law stood at the heart of their constitutional culture, and guaranteed the right not to be imprisoned without trial. At the same time, in an expanding empire, the authorities made frequent resort to detention without trial to remove political leaders who stood in the way of imperial expansion. Such conduct raised difficult questions about Britain's commitment to the rule of law. Was it satisfied if the sovereign validated acts of naked power by legislative forms, or could imperial subjects claim the protection of Magna Carta and the common law tradition? In this pathbreaking book, Michael Lobban explores how these matters were debated from the liberal Cape, to the jurisdictional borderlands of West Africa, to the occupied territory of Egypt, and shows how and when the demands of power undermined the rule of law. This title is also available as Open Access on Cambridge Core.