Описание: A historical and legal examination of the conflict and interplay between settler and indigenous laws in the New World As British and Iberian empires expanded across the New World, differing notions of justice and legality played out against one another as settlers and indigenous people sought to negotiate their relationship. In order for settlers and natives to learn from, maneuver, resist, or accommodate each other, they had to grasp something of each other's legal ideas and conceptions of justice. This ambitious volume advances our understanding of how natives and settlers in both the British and Iberian New World empires struggled to use the other’s ideas of law and justice as a political, strategic, and moral resource. In so doing, indigenous people and settlers alike changed their own practices of law and dialogue about justice. Europeans and natives appealed to imperfect understandings of their interlocutors’ notions of justice and advanced their own conceptions during workaday negotiations, disputes, and assertions of right. Settlers’ and indigenous peoples’ legal presuppositions shaped and sometimes misdirected their attempts to employ each other’s law. Natives and settlers construed and misconstrued each other's legal commitments while learning about them, never quite sure whether they were on solid ground. Chapters explore the problem of “legal intelligibility”: How and to what extent did settler law and its associated notions of justice became intelligible—tactically, technically and morally—to natives, and vice versa? To address this question, the volume offers a critical comparison between English and Iberian New World empires. Chapters probe such topics as treaty negotiations, land sales, and the corporate privileges of indigenous peoples. Ultimately, Justice in a New World offers both a deeper understanding of the transformation of notions of justice and law among settlers and indigenous people, and a dual comparative study of what it means for laws and moral codes to be legally intelligible.
Via military conquest, Catholic evangelization, and intercultural engagement and struggle, a vast array of knowledge circulated through the Spanish viceroyalties in Mexico and the Andes. This collection highlights the critical role that indigenous intellectuals played in this cultural ferment. Scholars of history, anthropology, literature, and art history reveal new facets of the colonial experience by emphasizing the wide range of indigenous individuals who used knowledge to subvert, undermine, critique, and sometimes enhance colonial power. Seeking to understand the political, social, and cultural impact of indigenous intellectuals, the contributors examine both ideological and practical forms of knowledge. Their understanding of "intellectual" encompasses the creators of written texts and visual representations, functionaries and bureaucrats who interacted with colonial agents and institutions, and organic intellectuals.
Contributors. Elizabeth Hill Boone, Kathryn Burns, John Charles, Alan Durston, María Elena Martínez, Tristan Platt, Gabriela Ramos, Susan Schroeder, John F. Schwaller, Camilla Townsend, Eleanor Wake, Yanna Yannakakis
In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.
Описание: A historical and legal examination of the conflict and interplay between settler and indigenous laws in the New World As British and Iberian empires expanded across the New World, differing notions of justice and legality played out against one another as settlers and indigenous people sought to negotiate their relationship. In order for settlers and natives to learn from, maneuver, resist, or accommodate each other, they had to grasp something of each other's legal ideas and conceptions of justice. This ambitious volume advances our understanding of how natives and settlers in both the British and Iberian New World empires struggled to use the other’s ideas of law and justice as a political, strategic, and moral resource. In so doing, indigenous people and settlers alike changed their own practices of law and dialogue about justice. Europeans and natives appealed to imperfect understandings of their interlocutors’ notions of justice and advanced their own conceptions during workaday negotiations, disputes, and assertions of right. Settlers’ and indigenous peoples’ legal presuppositions shaped and sometimes misdirected their attempts to employ each other’s law. Natives and settlers construed and misconstrued each other's legal commitments while learning about them, never quite sure whether they were on solid ground. Chapters explore the problem of “legal intelligibility”: How and to what extent did settler law and its associated notions of justice became intelligible—tactically, technically and morally—to natives, and vice versa? To address this question, the volume offers a critical comparison between English and Iberian New World empires. Chapters probe such topics as treaty negotiations, land sales, and the corporate privileges of indigenous peoples. Ultimately, Justice in a New World offers both a deeper understanding of the transformation of notions of justice and law among settlers and indigenous people, and a dual comparative study of what it means for laws and moral codes to be legally intelligible.
Описание: The captivating story of four young people--English and Powhatan--who lived their lives between cultures
In Pocahontas and the English Boys, theesteemed historian Karen Ordahl Kupperman shifts the lens on the well-known narrative of Virginia's founding to reveal the previously untold and utterly compelling story of the youths who, often unwillingly, entered into cross-cultural relationships--and became essential for the colony's survival. Their story gives us unprecedented access to both sides of early Virginia. Here for the first time outside scholarly texts is an accurate portrayal of Pocahontas, who, from the age of ten, acted as emissary for her father, who ruled over the local tribes, alongside the never-before-told intertwined stories of Thomas Savage, Henry Spelman, and Robert Poole, young English boys who were forced to live with powerful Indian leaders to act as intermediaries. Pocahontas and the English Boys is a riveting seventeenth-century story of intrigue and danger, knowledge and power, and four youths who lived out their lives between cultures. As Pocahontas, Thomas, Henry, and Robert collaborated and conspired in carrying messages and trying to smooth out difficulties, they never knew when they might be caught in the firing line of developing hostilities. While their knowledge and role in controlling communication gave them status and a degree of power, their relationships with both sides meant that no one trusted them completely. Written by an expert in sixteenth- and seventeenth-century Atlantic history, Pocahontas and the English Boys unearths gems from the archives--Henry Spelman's memoir, travel accounts, letters, and official reports and records of meetings of the governor and council in Virginia--and draws on recent archaeology to share the stories of the young people who were key influencers of their day and who are now set to transform our understanding of early Virginia.
Описание: On December 19, 1554, the members of Tenochtitlan's indigenous cabildo, or city council, petitioned Emperor Charles V of Spain for administrative changes ""to save us from any Spaniard, mestizo, black, or mulato afflicting us in the marketplace, on the roads, in the canal, or in our homes."" Within thirty years of the conquest, the presence of these groups in New Spain was large enough to threaten the social, economic, and cultural order of the indigenous elite. In G?neros de Gente in Early Colonial Mexico, an ambitious rereading of colonial history, Robert C. Schwaller proposes using the Spanish term g?neros de gente (types or categories of people) as part of a more nuanced perspective on what these categories of difference meant and how they evolved. His work revises our understanding of racial hierarchy in Mexico, the repercussions of which reach into the present. Schwaller traces the connections between medieval Iberian ideas of difference and the unique societies forged in the Americas. He analyzes the ideological and legal development of g?neros de gente into a system that began to resemble modern notions of race. He then examines the lives of early colonial mestizos and mulatos to show how individuals of mixed ancestry experienced the colonial order. By pairing an analysis of legal codes with a social history of mixed-race individuals, his work reveals the disjunction between the establishment of a common colonial language of what would become race and the ability of the colonial Spanish state to enforce such distinctions. Even as the colonial order established a system of governance that entrenched racial differences, colonial subjects continued to mediate their racial identities through social networks, cultural affinities, occupation, and residence. Presenting a more complex picture of the ways difference came to be defined in colonial Mexico, this book exposes important tensions within Spanish colonialism and the developing social order. It affords a significant new view of the development and social experience of race - in early colonial Mexico and afterward.
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