Korte beschrijving/Annotatie

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.

Tekst achterflap

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.

Biografie

Peter A.J. van den Berg graduated in law and history at the University of Groningen (the Netherlands), where he also defended his PhD. Currently, he is an associate professor at the department of legal method and history of this University. He is also a guest lecturer in legal history at the law department of the University of Aruba (Dutch Caribbean).

Inhoudsopgave

Colonialism and codification: an introduction; 1 The Pre-Columbian era; 1.1 Discovery, conquest and colonisation; 1.2 Codification and Native American law; 2 The Spanish overseas territories in the West; 2.1 Conquest and consolidation of a global empire (1492-1800); 2.2 Developments after 1800: an empire in decline; 2.3 The new states of Central and South America; 3 The French overseas territories in the West; 3.1 The establishment of a colonial empire (1600-1789); 3.2 The colonies from the French Revolution until the Second World War (1789-1940); 3.3 Codification in an era of decolonisation (1940-2015); 3.4 Saint-Domingue (Haiti) after independence (1804); 4 The Dutch overseas territories in the West; 4.1 The Republic of the Seven United Netherlands and the overseas territories (1625-1795); 4.2 The overseas territories from the Batavian Revolution to the Second World War (1795-1940); 4.3 Codification in an era of decolonisation; 5 British overseas territories in the Caribbean and the Americas; 5.1 The establishment of a colonial empire (1600-1776); 5.2 From adversity in the West to the establishment of a world empire (1776-1918); 5.3 Dismantling a world empire; 5.4 The United States after independence (1783); 6 Colonialism and codification: a comparative overview; 6.1 Colonialism and codification during the Ancien Régime; 6.2 The French Revolution and its consequences for the codification movement; Bibliography; Index; Serielijst SNAAR | Previously published in SNAAR

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