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Colonialism and Codification - A Legal History of the Caribbean and the Americas (Paperback)
Loot Price: R2,630
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Colonialism and Codification - A Legal History of the Caribbean and the Americas (Paperback)
Series: Studiereeks Nederlands-Antilliaans en Arubaans Recht (SNAAR)
Expected to ship within 18 - 22 working days
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When Christopher Columbus (circa 1451-1506) arrived at the Bahamas
in 1492, it could hardly be predicted that this would result in the
most dramatic upheaval in the history of the American continent and
the nearby islands. The encounter with the new world inaugurated an
era of conquest, colonisation, and economic exploitation by
European powers that would last for several centuries. Large
numbers of Europeans settled in these newly acquired territories,
bringing along their own culture and religion. This was at the
expense of the indigenous nations and their cultures, which were
driven to the margins. Colonisation also brought about the
introduction of new legal systems, usually based on the law of the
country that had conquered the territory. In this manner, the two
major European legal systems, the civil law and the common law,
found their way to the Caribbean and the Americas. However, the
colonising powers hardly ever introduced their own laws in their
overseas territories without changes. After all, the colonies were
not regarded as integral parts of the metropolis, but treated as
different constitutional entities. Consequently, their legal orders
could remain separate from the legal order of the imperial
metropolis. This was important because it enabled the introduction
of slavery in the colonies and thereby the development of a
plantation-based economy. This book describes how the legal systems
of Spain, France, the Netherlands and England were introduced in
the Caribbean and Americas and the constitutional context in which
this took place. It also shows that the process of decolonisation
which started at the end of the eighteenth century did not end the
influence of these legal systems. There are several former colonies
that still fall under the sovereignty of the colonising state.
Moreover, many colonies that became independent continue using the
legal system of the former mother country.
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