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- In theory, colonialism and the rule of law do not seem to go together, as the first term insinuates external control and the second implies bound power. In practice, both in the past and present, the rule of law is a yardstick that is used to measure, reform, control, bribe, and administer governments, elites, and people.
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Sep 22, 2016 · This chapter argues that focusing upon the practices, as opposed to the ideologies, of the rule of law in the context of British colonialism can illuminate how the rule of law functions in shaping international political orders.
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Apr 7, 2015 · It considers the ways in which studies of law and colonialism have characterized law as force, violence, and command. The chapter examines how scholars have reconceptualized law as a site of struggle, resistance, and subversion.
- Renisa Mawani
- 2015
Nov 13, 2023 · In this view, colonialism is constitutionalism’s opposite. Empire is outward-facing and focused not on a nation, but on expansion and conquest. It governs not through consent, but through force. Rather than create a unitary constitutional culture, colonialism fosters legal variation and constitutional pluralism.
The rule of law is one of the most important components of any explanation of cross- national differences in economic well-being. But what leads to better rule of law in a country? Using an institutional approach this paper probes the effect of legal systems in influencing the rule of law.
- Sandra F. Joireman
- 2004
Policies and ethics. Despite the narrower version associated with Alfred Venn Dicey in the late nineteenth century,1 the rule of law in the late eighteenth and early nineteenth century was a highly tensile notion. Its meaning varied depending on who was employing it and for what...
- John McLaren
- 2010
As a rule, colonial powers established a dual legal system within the colonies (Alexandrowicz 183; Hooker 465). In German colonies, European inhabitants were subject to German civil and penal law, while the native population was referred to either indigenous custom or specific rules adopted by the colonial government.
Law is implicated in colonialism as a technique of legitimation, authority, and dominance. It is also a sign system, language, and culture. Law could and did work both instrumentally in facilitating the colonial project and imaginatively as a resource of power and authority to be drawn on.
