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Chapter 6 is a history of emancipation in New York that stresses the combined importance of economic and legal pressures on slavery in areas of Dutch control. The gradual legal freedoms slaves gained after the Revolution served as a foot in the door towards eventual emancipation. When slaves were routinely given the ability to choose new masters, to seek work on their own, and to make money on their own (with some repayment to the slave owners), they made a crucial first step into a world of freedom. Voluntary slave manumission and self-purchase emancipations were the result of a process of negotiating the terms of slavery’s demise one person at a time. This dispersed, on-the-ground struggle was shaped by statutory law, as others have recognized, but, arguably, it was the common law that demonstrated and determined New Yorkers’ changing attitudes about slaveholding. Courtroom decisions about interpreting the states’ laws on slavery guaranteed that the freedoms won through slaves’ negotiations with their enslavers would be protected by the courts.
Since the United Nations finalised its Draft Articles on the Responsibility of States for Internationally Wrongful Acts in 2001, most of the attention has been on the codification history of the topic. Alan Nissel widens the historic lens to include the pre-United Nations origins, offering the first extensive study on the American contribution to the modern law of state responsibility. The book examines the recurring narrative of lawyers using international law to suit the particular needs of their clients in three key contexts: the US turn to international arbitration practice in the New World, the German theorisation of public law in the setting of its national unification, and the multilateral effort to codify international law within world bodies. This expanded historical framework not only traces the pre-institutional origins of the code, but also highlights the duality of State responsibility doctrines and the political environments from which they emerged.
While the Mansfeld Regiment traveled through southern Germany in August 1625, flag-bearer Hieronymus Sebastian Schutze accidentally shot and killed his friend Hans Heinrich Tauerling during a drinking bout. Two days later, one of the regiment’s cavalry companies started a fire in the small town of Remmingen near Ulm. Thick descriptions of these events reveal daily life in the Mansfeld Regiment, as well as attitudes toward masculinity, murder, guilt, drunkenness, and violent death.
This chapter posits that the emerging methods, perspectives, and goals of legal design fit squarely within the history of law. It offers a quick sketch of the history of the development of the rule of law over the last 4,000 years, which sets the stage for an examination of that history as a design history – humanity’s collective work over four millennia of ideating, prototyping, testing, and refining the systems of rules we use to live collectively. It then makes a few points about the benefits of design as design – its relative speed, flexibility, and responsiveness to making things that are useful to people. It will then introduce the concept of “longtermerism,” which refers to a concept or ideology that emphasizes the importance of long-term thinking and decision-making in various aspects of life. The chapter wraps things up with a note of urgency and optimism based on the argument that no human should be denied the benefit of the rule of law.
Chapter 6 traces how, in the aftermath of these reforms, the Neogranadian church, at the parish level, became an Indigenous and grassroots organisation. One aspect of this transformation was institutional, as it came to be better staffed, organised, and equipped. Another was ideological, as the lessons of the Jesuit experiments with missionary methods were extended across the archdiocese, centring everyday practice, popular devotion, and social institutions. But the most significant aspect was led by Indigenous people themselves, as the shift away from punitive policies and towards a more inclusive Christianisation, coupled with the implementation of a more effective language policy, created space and opportunities for people in rural parishes to interact with Christianity in new ways. This went much further than the authorities had intended, as they learned when they sought to rein in some of these changes, and it transformed the New Kingdom of Granada forever.
The conclusion reflects on the profound transformations undergone by the New Kingdom of Granada by the late seventeenth century, and how this began to powerfully shape the images of the early colonial past that began to appear in works of historical writing in that period, with long-lasting consequences. This triumphal register of writing, that cast the Muisca as the third great empire of the Americas and asserted the swift success of the Spanish colonial administration, has long obscured perceptions about the Indigenous people of highland New Granada. As this book has demonstrated, a granular exploration of an exhaustive array of colonial archival sources paints a very different picture: on the one hand, of the anxieties and limitations at the heart of the colonial project, the incomplete and contingent nature of colonial power, and of deep and multi-layered crises of governance; and on the other, of the complex ways in which Indigenous people, in their interaction with Christianity, made possible the coming of the New Kingdom of Granada.
Chapter 2 explores the early history of colonial rule in the New Kingdom of Granada, and of the priests and officials first tasked with introducing Christianity to its Indigenous peoples. This involves unravelling a series of powerful assumptions entrenched in the historiography that insist on the efficacy of colonial power. Instead, the chapter shows that the ability of colonial officials, missionaries, and institutions on both sides of the Atlantic to effect change on the ground remained fleeting, contingent, and inconstant. To do so, it explores the participatory nature of the royal administration and judiciary, both at an imperial and a local level, and its reliance on petitioners, supplicants and rescript; reassesses the role of the legislative projects of local officials, whose efficacy is so often taken for granted; and tests the real impact of these institutions and their claims on the lives of Indigenous people through a careful re-reading of all surviving records of early visitations, showing that for decades colonial control remained an illusion and that in practice power remained far from the hands of colonial officials in the New Kingdom.
Chapter 3 explores the final decades of the sixteenth century, a period of deep, overlapping, and abiding crisis for the New Kingdom as a result of the limitations and failures of colonial governance. At its core was the unravelling of the authority of Indigenous rulers, who were placed under unprecedented pressures by colonial authorities who misunderstood Indigenous politics with European legal and political concepts. Engrossed in increasing competition over the leadership of the colonial project, the second archbishop of Santafé, Luis Zapata de Cárdenas, and his civil counterparts tried to pursue increasingly belligerent policies to reform the lives of Indigenous people in the final decades of the century. Their rivalries, venality, and misunderstanding of local conditions and of the limitations of their own power eventually unleashed a brutal campaign of violence and dispossession on Indigenous communities in the late 1570s, with harrowing results. The blow this struck to Indigenous political structures, and through them to the colonial tributary and extractive economy, brought the kingdom to its knees.
Chapter 4 focuses on the early seventeenth century, when religious policy in the kingdom came to be in the hands of a determined new Audiencia president, an ambitious archbishop, and a radical group of Jesuits. With the support of a broad coalition of the kingdom’s leading settlers, these reformers took Christianisation in a new direction. The reformers focused on the promotion of the regular and frequent participation in a range of quotidian Catholic practices and institutions that their sixteenth-century predecessors had generally discouraged or withheld from Indigenous people, particularly private devotions, popular celebrations, confraternities, and public ceremony. This began in a handful of parishes entrusted to these Jesuit reformers, who had a very particular understanding of the role of ‘external’ manifestations of piety, and who used these sites as testing grounds for new approaches to Christianisation. These ultimately had the effect of affording Indigenous people space and opportunities to engage with Christianity in new – if, for the reformers, not always desirable – ways, laying the foundations for the reformation of the kingdom.
Chapter 5 focuses on the history of language policy and the treatment of Indigenous languages. In addition to refocusing Christianisation on to everyday practice, the reformers of the early seventeenth century laid to rest a long-running dispute among missionaries and administrators concerning the role that Indigenous languages should play in religious instruction. This dispute arose from efforts by the Spanish crown in the sixteenth century to impose a universal solution to the challenges of linguistic heterogeneity: First by suppressing Indigenous languages and teaching Castilian, and later by focusing on the ‘general language’ of each region. Both imperial policies not only failed to overcome the issue of linguistic heterogeneity in the New Kingdom, but were in fact radically transformed and appropriated by local authorities for their own purposes through the use of legal fictions and the selective conveyance of information across the Atlantic. The chapter examines these debates, manoeuvres, and the controversies they produced, before exploring how the seventeenth-century reformers were able to negotiate these divisions and establish a consensus around Indigenous language instruction.
The introduction reflects on the peculiar position of the New Kingdom of Granada, and the nature of colonial and scholarly writing about the region, which both developed under the shadow of the centres of Spanish colonial power in America, Mexico and Peru, showing how the expectations, assumptions, and perspectives of better studied regions have distorted our understanding of this region’s history. It outlines the book’s principal methodological arguments: the importance of an exhaustive and granular approach to colonial sources that takes into account the intellectual, institutional, and normative circumstances of their creation and transmission as a methodological imperative; the need to centre Christianisation, and the relentless challenges it posed, to understand the construction of colonial rule in the New Kingdom; and the need to overcome antiquated and counterproductive approaches to the study of religious change among Indigenous people, and instead focus on their diverse, contradictory, and complex interactions with Christianity.
Volume I of The Cambridge History of International Law introduces the historiography of international law as a field of scholarship. After a general introduction to the purposes and design of the series, Part 1 of this volume highlights the diversity of the field in terms of methodologies, disciplinary approaches, and perspectives that have informed both older and newer historiographies in the recent three decades of its rapid expansion. Part 2 surveys the history of international legal history writing from different regions of the world, spanning roughly the past two centuries. The book therefore offers the most complete treatment of the historical development and current state of international law history writing, using both a global and an interdisciplinary perspective.
This chapter explores a history of ideas and hopes about freedom in late- sixteenth-century Sevilla through the lives and affairs of enslaved and liberated Black people who lived in a central parish of the city in this period. In particular, the analysis explores ideas about freedom of an enslaved Black woman named Felipa de la Cruz who penned two letters to her absent husband beseeching him to send funds for her liberation from slavery. The chapter explores the varied conversations and fractured memories about paths to liberation from slavery among free, enslaved, and liberated Black populations in Sevilla and the mutual aid practices that sometimes spanned vast distances across the Atlantic world. Assembling diverse archival materials that catalog how hundreds of free and liberated Black men and women crossed the Atlantic Ocean as passengers with royal licenses on ships also reveals spheres of communication between free Black residents of Sevilla with kin and associates in the Spanish Atlantic world, especially through relays of word of mouth and epistolary networks. In other words, enslaved and free Black residents of late sixteenth-century Sevilla were often members of a nascent Black lettered city and participated in informal relays of word of mouth.
This chapter explores how free-born and liberated Black people in the Spanish Americas invested significant resources to defend and expand the meanings of Black freedom and political belonging in the Spanish empire. In particular, when facing repressive policies introduced by local or municipal authorities or disturbances of their freedom enacted by private individuals, free born and liberated people often deftly negotiated various legal jurisdictions and expended social and political capital to carefully craft petitions for royal justice and grace. The chapter traces the development of infrastructures of Black political knowledge, and how people and communities learned about events and political discourses in faraway places and exchanged ideas and news in their daily lives that they later might deploy in their own petitions. With a focus on the cities of Sevilla and Mexico City, the chapter traces a history of infrastructures of Black political knowledge through the activities of Black religious confraternities, and the significance of Black petitioning to speculate about the possible moments of fellowship and exchange between Black petitioners from different cities in the Spanish empire, and the impact of any such exchanges on Black political ideas about freedom in this period.
This chapter traces how formerly enslaved Black men and women partook in a legal culture of freedom papers in the sixteenth-century Spanish empire. After enduring lifetimes of enslavement and precarious and lengthy routes to obtain their precious liberty, formerly enslaved Black people often took careful measures to document and protect their hard-won freedom by engaging in the paper-based bureaucracy that underpinned the central tenets of power and justice in the Spanish empire. This often involved investing in the services of notaries to duplicate freedom papers or requesting that various royal and ecclesiastical authorities issue confirmatory paperwork to document their freedom. Their participation in this legal culture of freedom papers reveals how people from the lowest socioeconomic echelons of colonial society measured and valued paperwork – even if they could not read or write – and invested resources to produce and safeguard an array of legal documents to protect their status.
Ephemeral conversations between enslaved people about the laws of slavery and freedom constituted an exchange of precious knowledge and legal know-how that shaped Black life and thought in the early Atlantic world. This chapter explores enslaved people's petitions to the crown for freedom on the basis that their enslavement was illegitimate to write a history of ideas among enslaved Black people about the illegitimacy of certain types of enslavements in the Spanish empire. These petitions are indicative of a rich landscape of ideas about freedom and slavery among free and enslaved Black people in the sixteenth and early seventeenth centuries, and their engagement with Castilian rules of law of slavery and freedom. They argued that they were legally free and that their freedom had been stolen from them. Pedro de Carmona, for example, protested in his petition in 1547 about the “great injury and disturbances (agravios y turbación) that have been done to my liberty.” The chapter traces how enslaved Black litigants accrued this know-how through their discussions with other enslaved and free Black people during their desperate pursuits to reclaim the freedom that had been stolen from them.
From 1948 to 1972 the idea of the environment gained solidity within the sciences and in global politics, as a thing or a concept, which spoke of a need to save humanity from the harms it was inflicting on the natural world. As historians Warde, Robin and Sörlin explain, the idea brought about a revolution in the sciences, casting scientists as environmental problem solvers, fundamentally changing the way they worked. In this paper we connect law and lawyers to this history. We ask, did lawyers contribute new meanings to the idea of the environment when they first presented laws and parts of legal practice as ‘environmental’? Were they mere translators of the scientists’ ideas? And did they envisage the emergence of new environmental legal experts, who might change legal culture? We examine the early environmental law textbooks in five countries (Australia, Canada, England, New Zealand and the US) and devise ideal types to explain the associations, values and choices which underpinned their presentation of the ideas of ‘the environment’, ‘environmental law’ and ‘environmental law expert’. We consider that these types are useful conceptual tools which raise ongoing questions about the relationship between environmental law and its broader context.
The Coming of the Kingdom explores the experiences of the Indigenous Muisca peoples of the New Kingdom of Granada (Colombia) during the first century of Spanish colonial rule. Focusing on colonialism, religious reform, law, language, and historical writing, Juan F. Cobo Betancourt examines the introduction and development of Christianity among the Muisca, who from the 1530s found themselves at the center of the invaders' efforts to transform them into tribute-paying Catholic subjects of the Spanish crown. The book illustrates how successive generations of missionaries and administrators approached the task of drawing the Muisca peoples to Catholicism at a time when it was undergoing profound changes, and how successive generations of the Muisca interacted with the practices and ideas that the invaders attempted to impose, variously rejecting or adopting them, transforming and translating them, and ultimately making them their own. This title is also available as Open Access on Cambridge Core.
Today we think of land as the paradigmatic example of property, while in the past, the paradigmatic example was often a slave. In this seminal work, James Q. Whitman asserts that there is no natural form of ownership. Whitman dives deep into the long Western history of this transformation in the legal imagination – the transformation from the ownership of humans and other living creatures to the ownership of land. This change extended over many centuries, coming to fruition only on the threshold of the modern era. It brought with it profound changes, not only in the way we understand ownership but also in the way we understand the state. Its most dramatic consequence arrived in the nineteenth century, with the final disappearance of the lawful private ownership of humans, which had been taken for granted for thousands of years.
Edited by
Randall Lesaffer, KU Leuven & Tilburg University,Anne Peters, Max Planck Institute for Comparative Public Law and International Law, Heidelberg
Until about twenty-five years ago, economic historians (both those in economics departments and in history departments) had little to say about international law. There possible causes of this (beyond the possible insignificance of international law to the project of economic history) are likely the similar intellectual bases for economics and international law prior to the twentieth century, the lack of an accessible archival and intellectual base upon which to conduct the research, and the professional bias of academic historians against writing about events to close to the present. But as time as marched onward, the development of international economic law in the twentieth century has become of increasing interest to historians broadly interested in the history of international institutions and capitalism.