Suchergebnisse

This local history of Griqua Philippolis (1824-1862) and Afrikaner Orania (1990-2013) gets at the crux of the ever-pertinent land question in South Africa. Identifying the many layers of dispossession definitive of the South African past, the book presents a provocative new argument about land rights and the residues of settler colonialism.

The Griqua people are commonly misunderstood. Today, they do not figure in the South African imagination as other peoples do, nor have they for over a century. This book argues that their comparative invisibility is a result of their place in the national narrative. In this revisionist analysis of South African historiography, the author analyses over a century's worth of historical studies and identifies a number of narrative frameworks that have proven resilient to change over this time. The Griqua, in particular, have fared poorly compared to other peoples. They appear in, and disappear fro

This article concerns itself with the kind of legal conflicts that broke out in the Atlantic New World between merchant interests from different parts of Europe. Case studies are made of two disputes: one between Samuel Argall of the Virginia Company and a factor on behalf of Antoinette de Pons at the Île des Monts-Déserts, and the other between the Compagnie de Caën and the Kirke brothers at the Saint Lawrence River. Together, these case studies reveal how important it was for merchant interests to have resident ambassadors and state officials advancing their interests in England and France. Procedural difficulties and jurisdictional uncertainty often impeded the road to redress. Additionally, this article suggests that the peacetime reckoning of events associated with warfare provided an optimal opportunity for disaffected private actors to have their claims for redress recognised. The extent to which private overtures for restitution relied upon public acts of diplomacy reveals some of the reasons why it is not possible to date the origins of private international law before the long nineteenth century. Rather we might profitably identify, in events such as these, the prehistory of private international law.

English common law reports are dense with ideas. Yet they remain mostly untapped by intellectual historians. This article reveals how intellectual history can engage with law and jurisprudence by following the notion that "infidels" (specifically non-Christian individuals) deserved to receive exceptional treatment within England and across the globe. The starting point is Sir Edward Coke: he suggested that infidels could be conquered and constitutionally nullified, that they could be traded with only at the discretion of the monarch, and he confirmed their incapacity to enjoy full access to the common law. This article uncovers how each of these assertions influenced the development of the imperial constitution in the seventeenth and eighteenth centuries, when it came to war, trade and slavery. Identifying each of the major moves away from Coke's prejudices, this article argues that sometimes common lawyers responded to political change, but at other times anticipated it.