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Settler Sovereignty

Jurisdiction and Indigenous People in America and Australia, 1788โ€“1836
Book Hero Magic crafted this summary to help describe this book. While it's new and still learning, it may not be perfect - your feedback is welcome! Summary
Settler Sovereignty presents a groundbreaking comparative study of law and imperialism, revealing how modern settler sovereignty emerged in North America and Australia when settlers redefined indigenous resistance as criminal behaviour. Rather than arising at initial settlement or federation, this transformation occurred in the early nineteenth century amid shifting global ideas of statehood and empire. Lisa Ford traces the evolution of settler sovereignty through conflicts in early Georgia and New South Wales, showing how legal pluralism based on diplomacy gave way to settler control rooted in territorial jurisdiction and rejection of indigenous legal systems.
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Settler Sovereignty is ideal for readers interested in legal history, imperialism, indigenous studies, and comparative colonial studies. It is particularly suited to scholars, students, and informed readers seeking a nuanced analysis of colonial governance and indigenous-settler relations in the nineteenth century.

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In a comparative study of law and imperialism, Ford argues that modern settler sovereignty emerged when settlers in North America and Australia defined indigenous theft and violence as crime. Ford traces the emergence of modern settler sovereignty in contests between settlers and indigenous people in Georgia and the colony of New South Wales.

This book changes our understanding of the history of colonization. Lisa Ford has written a fascinating account of how and why early nineteenth-century Anglo-American settlers developed a newly expansive view of their power over indigenous people. -- Stuart Banner, author of Possessing the Pacific: Land, Settlers, and Indigenous People from Australia to Alaska Moving deftly between the North American mainland and New South Wales, and between the global and the local, Lisa Ford's elegant study brings new levels of knowledge and interpretive sophistication to the history of Anglophone settler colonialism. Her focus is the 'legal trinity' of classic nation statehood--sovereignty, jurisdiction, and territory. Her innovation is to locate the realization of that trinity in the daily interactions of settlers with their reluctant indigenous neighbors. Ford's impressive research shows that sovereign settler statehood was not achieved by imperial pronouncement but imposed on the ground, using the weapons of criminal law. -- Christopher Tomlins, University of California, Irvine A novel and bold intervention into current debates about the nature of law and violence in the British Empire, this well-written and superbly researched book is a significant contribution to the history of the modern nation state. -- Tim Rowse, University of Western Sydney This is a truly thoughtful analysis based on amazingly thorough research. Ford makes a good case for comparing Georgia and New South Wales, and establishes that a vibrant legal pluralism prevailed in those domains to the 1830s, a new and important finding. -- Peter Karsten, University of Pittsburgh

Book Hero Magic formatted this description to make it easier to read. While it's new and still learning, it may not be perfect - your feedback is welcome! Description

In a brilliant comparative study of law and imperialism, Lisa Ford argues that modern settler sovereignty emerged when settlers in North America and Australia defined indigenous theft and violence as crime.

This occurred, not at the moment of settlement or federation, but in the second quarter of the nineteenth century when notions of statehood, sovereignty, empire, and civilisation were in rapid, global flux. Ford traces the emergence of modern settler sovereignty in everyday contests between settlers and indigenous people in early national Georgia and the colony of New South Wales.

In both places before 1820, most settlers and indigenous people understood their conflicts as war, resolved disputes with diplomacy, and relied on shared notions like reciprocity and retaliation to address frontier theft and violence. This legal pluralism, however, was under stress as new, global statecraft linked sovereignty to the exercise of perfect territorial jurisdiction.

In Georgia, New South Wales, and elsewhere, settler sovereignty emerged when, at the same time in history, settlers rejected legal pluralism and moved to control or remove indigenous peoples.

Series: Harvard Historical Studies

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Book Hero Magic summarised reviews for this book. While it's new and still learning, it may not be perfect - your feedback is welcome! HOW HAS THIS BEEN REVIEWED?

Praised for its rigorous research and thought-provoking insights, the book is described as 'comparative history at its best' by Henry Reynolds, highlighting its detailed scholarship from a decade of study. Stuart Banner commends it for changing our understanding of colonisation by explaining settlers' expanding authority over indigenous peoples, while Peter Karsten notes the important discovery of sustained legal pluralism until the 1830s in these regions.

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Book Details

INFORMATION

ISBN: 9780674061880

Publisher: Harvard University Press

Format: Paperback / softback

Date Published: 30 September 2011

Country: United States

Imprint: Harvard University Press

Illustration: 6 maps

Audience: Tertiary education

DIMENSIONS

Spine width: 23.0mm

Width: 156.0mm

Height: 235.0mm

Weight: 499g

Pages: 328

About the Author

Lisa Ford is the author of the prizewinning Settler Sovereignty: Jurisdiction and Indigenous People in America and Australia, 1788โ€“1836 and coauthor of Rage for Order: The British Empire and the Origins of International Law, 1800โ€“1850. She is Professor of History at the University of New South Wales.

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