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Criminal Justice in Colonial America, 1606-1660

Author : Bradley Chapin
Publisher : University of Georgia Press
Page : 224 pages
File Size : 33,53 MB
Release : 2010-06-01
Category : Law
ISBN : 0820336912

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This study analyzes the development of criminal law during the first several generations of American life. Its comparison of the substantive and procedural law among the colonies reveals the similarities and differences between the New England and the Chesapeake colonies. Bradley Chapin addresses the often-debated question of the “reception” of English law and makes estimates of the relative weight of the sources and methods of early American law. A main theme of his book is that colonial legislators and judges achieved a significant reform of the English criminal law at a time when a parallel movement in England failed. The analysis is made specific and concrete by statistics that show patterns of prosecutions and crime rates. In addition to the exciting and convincing theme of a “lost period” of great creativity in American criminal law, Chapin gives a wealth of detail on statutory and common-law rulings, noteworthy criminal cases, and judicial views of how the law was to be administered. He provides social and economic explanations of shifts and peculiarities in the law, using carefully arranged evidence from the records. His treatment of the Quaker cases in Massachusetts and the witchcraft prosecutions in New England throws new light on those frequently misunderstood episodes. Chapin's book will be of interest not only to scholars working in the field but also to anyone curious about early American legal history.

Colonial Justice in British India

Author : Elizabeth Kolsky
Publisher : Cambridge University Press
Page : 0 pages
File Size : 24,43 MB
Release : 2011-12-08
Category : History
ISBN : 9781107404137

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Colonial Justice in British India describes and examines the lesser-known history of white violence in colonial India. By foregrounding crimes committed by a mostly forgotten cast of European characters - planters, paupers, soldiers and sailors - Elizabeth Kolsky argues that violence was not an exceptional but an ordinary part of British rule in the subcontinent. Despite the pledge of equality, colonial legislation and the practices of white judges, juries and police placed most Europeans above the law, literally allowing them to get away with murder. The failure to control these unruly whites revealed how the weight of race and the imperatives of command imbalanced the scales of colonial justice. In a powerful account of this period, Kolsky reveals a new perspective on the British Empire in India, highlighting the disquieting violence that invariably accompanied imperial forms of power.

Colonial Systems of Control

Author : Viviane Saleh-Hanna
Publisher : University of Ottawa Press
Page : 536 pages
File Size : 24,70 MB
Release : 2008-04-18
Category : Social Science
ISBN : 0776618237

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A pioneering book on prisons in West Africa, Colonial Systems of Control: Criminal Justice in Nigeria is the first comprehensive presentation of life inside a West African prison. Chapters by prisoners inside Kirikiri maximum security prison in Lagos, Nigeria are published alongside chapters by scholars and activists. While prisoners document the daily realities and struggles of life inside a Nigerian prison, scholar and human rights activist Viviane Saleh-Hanna provides historical, political, and academic contexts and analyses of the penal system in Nigeria. The European penal models and institutions imported to Nigeria during colonialism are exposed as intrinsically incoherent with the community-based conflict-resolution principles of most African social structures and justice models. This book presents the realities of imprisonment in Nigeria while contextualizing the colonial legacies that have resulted in the inhumane brutalities that are endured on a daily basis. Keywords: Nigeria, West Africa, penal system, maximum-security prison. Published in English.

Corruption and Justice in Colonial Mexico, 1650–1755

Author : Christoph Rosenmüller
Publisher : Cambridge University Press
Page : 363 pages
File Size : 47,11 MB
Release : 2019-05-02
Category : History
ISBN : 1108477119

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Provides the first detailed analysis of the evolution of the concept of corruption in colonial Mexico.

Crime Justice Punishment Colonial Hk Hb

Author : MAY. HOLDSWORTH
Publisher :
Page : 340 pages
File Size : 49,45 MB
Release : 2020-08-17
Category : Crime
ISBN : 9789888528127

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Standing close together in a compound overlooking Victoria Harbor, the Central Police Station, Central Magistracy, and Victoria Jail were a bastion of British colonial power and a symbol of security, law, and punishment. The magistracy administered a form of cheap summary justice heavily adapted to the needs of colonial Hong Kong, which led to well over a million predominantly Chinese people being sentenced between 1841 and 1941. In the overcrowded and unsanitary Victoria Jail, the regime vacillated uneasily between a belief in harsh deterrent punishment and an optimistic faith in reform and rehabilitation. Today, those monumental buildings still stand, forming Hong Kong's "Tai Kwun" complex, an international arts and entertainment hub. Richly illustrated and informed by a wealth of sources, Crime, Justice, and Punishment in Colonial Hong Kong revisits the Tai Kwun complex's past by offering a vivid account of those three institutions from 1841 to the late twentieth century and telling the stories of people whose lives intersected with them, including captains, superintendents, and magistrates, jailers and constables, thieves and ruffians, hawkers and street boys, down-and-outs, and prostitutes, gamblers, debtors, and beggars--the guilty as well as the innocent.

Empire of Law and Indian Justice in Colonial Mexico

Author : Brian Philip Owensby
Publisher : Stanford University Press
Page : 393 pages
File Size : 29,21 MB
Release : 2008
Category : History
ISBN : 0804758638

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Brian P. Owensby is Associate Professor in the University of Virginia's Corcoran Department of History. He is the author of Intimate Ironies: Modernity and the Making of Middle-Class Lives in Brazil (Stanford, 1999).

Penal Power and Colonial Rule

Author : Mark Brown
Publisher : Routledge
Page : 232 pages
File Size : 37,11 MB
Release : 2014-02-03
Category : Law
ISBN : 1134056036

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This book provides an account of the distinctive way in which penal power developed outside the metropolitan centre. Proposing a radical revision of the Foucauldian thesis that criminological knowledge emerged in the service of a new form of power – discipline – that had inserted itself into the very centre of punishment, it argues that Foucault’s alignment of sovereign, disciplinary and governmental power will need to be reread and rebalanced to account for its operation in the colonial sphere. In particular it proposes that colonial penal power in India is best understood as a central element of a liberal colonial governmentality. To give an account of the emergence of this colonial form of penal power that was distinct from its metropolitan counterpart, this book analyses the British experience in India from the 1820s to the early 1920s. It provides a genealogy of both civil and military spheres of government, illustrating how knowledge of marginal and criminal social orders was tied in crucial ways to the demands of a colonial rule that was neither monolithic nor necessarily coherent. The analysis charts the emergence of a liberal colonial governmentality where power was almost exclusively framed in terms of sovereignty and security and where disciplinary strategies were given only limited and equivocal attention. Drawing on post-colonial theory, Penal Power and Colonial Rule opens up a new and unduly neglected area of research. An insightful and original exploration of theory and history, this book will appeal to students and scholars of Law, Criminology, History and Post-colonial Studies.

Colonial Justice and Decolonization in the High Court of Tanzania, 1920-1971

Author : Ellen R. Feingold
Publisher : Springer
Page : 286 pages
File Size : 21,84 MB
Release : 2018-02-09
Category : History
ISBN : 3319696912

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This book is the first study of the development and decolonization of a British colonial high court in Africa. It traces the history of the High Court of Tanzania from its establishment in 1920 to the end of its institutional process of decolonization in 1971. This process involved disentangling the High Court from colonial state structures and imperial systems that were built on racial inequality while simultaneously increasing the independence of the judiciary and application of British judicial principles. Feingold weaves together the rich history of the Court with a discussion of its judges – both as members of the British Colonial Legal Service and as individuals – to explore the impacts and intersections of imperial policies, national politics, and individual initiative. Colonial Justice and Decolonization in the High Court of Tanzania is a powerful reminder of the crucial roles played by common law courts in the operation and legitimization of both colonial and post-colonial states.

Decolonising Criminology

Author : Harry Blagg
Publisher : Springer Nature
Page : 413 pages
File Size : 35,91 MB
Release : 2019-11-23
Category : Social Science
ISBN : 1137532475

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This book undertakes an exploratory exercise in decolonizing criminology through engaging postcolonial and postdisciplinary perspectives and methodologies. Through its historical and political analysis and place-based case studies, it challenges criminological inquiry by installing colonial structures of power at the centre of the contemporary criminological debate. This work unseats the Western nation-state as the singular point of departure for comparative criminological and socio-legal research. Decolonising Criminology argues that postcolonial and postdisciplinary critique can open up new pathways for criminological investigation. It builds on recent debates in criminology from outside of the Anglosphere. The authors deploy a number of heuristic devices, perspectives and theories generally ignored by criminologists of the Global North and engage perspectives concerned with articulating new decolonised epistemologies of the Global South. This book disputes the view that colonisation is a thing of the past and provides lessons for the Global North.

Violence as Usual

Author : Marie Muschalek
Publisher : Cornell University Press
Page : 182 pages
File Size : 31,52 MB
Release : 2019-12-15
Category : History
ISBN : 1501742876

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Slaps in the face, kicks, beatings, and other forms of run-of-the-mill violence were a quotidian part of life in German Southwest Africa at the beginning of the twentieth century. Unearthing this culture of normalized violence in a settler colony, Violence as Usual uncovers the workings of a powerful state that was built in an improvised fashion by low-level state representatives. Marie A. Muschalek's fascinating portrayal of the daily deeds of African and German men enrolled in the colonial police force called the Landespolizei is a historical anthropology of police practice and the normalization of imperial power. Replete with anecdotes of everyday experiences both of the policemen and of colonized people and settlers, Violence as Usual re-examines fundamental questions about the relationship between power and violence. Muschalek gives us a new perspective on violence beyond the solely destructive and the instrumental. She overcomes, too, the notion that modern states operate exclusively according to modes of rationalized functionality. Violence as Usual offers an unusual assessment of the history of rule in settler colonialism and an alternative to dominant narratives of an ostensibly weak colonial state.