Abstract
Introduction: colonized settlers and the colonizer's law The basic colonial encounter involved a colonizing power and colonized locals. Some colonial situations were more complex, involving a third element: settlers of non-local stock originating in an ethnos, or nation, different from that with which the colonizer was identified. Two prominent examples from the annals of the British Empire are the French inhabitants of Nouvelle France after France ceded it to the British in 1763, and the Dutch inhabitants of the Cape Colony after the British conquest of 1806. The British typically permitted such settler populations to retain at least parts of the laws to which they were accustomed, which laws were often based on the laws of the settlers' jurisdiction of origin. As regards settler use of English law, the English sometimes provided for the application of parts of it to non-British settlers, while blocking such settlers' attempts to use other parts. The part of English law most commonly applied to non-British colonial subjects, both settlers and natives, was commercial law, in order to facilitate commerce between different parts of the Empire. The parts least commonly applied to such inhabitants were family law, land law and the law of inheritance.
Original language | English |
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Title of host publication | The worlds of the trust |
Publisher | Cambridge University Press |
Pages | 203-256 |
Number of pages | 54 |
Volume | 9781107032439 |
ISBN (Electronic) | 9781139505994 |
ISBN (Print) | 9781107032439 |
DOIs | |
State | Published - 22 Aug 2013 |
Bibliographical note
Publisher Copyright:© Cambridge University Press 2013.