Legal Transfer and Legal Geography in the British Empire
The legal history of the British Empire is in its infancy. The research field Legal Transfer in the Common Law World in the Max Planck Institute for Legal History and Legal Theory under the Directorship of Prof Stefan Vogenauer has been engaged in scientific examination and analysis of this field. I...
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| Taal: | Engels |
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Max Planck Institute for Legal History and Legal Theory
2026
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| author | Coffey, Donal K. Vogenauer, Stefan Carrière, Scott A. Cazzola, Matilde Girard, Philip Roberts, Christopher M. Leung, Hazel W. H. Strecker, Amy Byer, Amanda Ng´etich, Raphael Cotton, Sonya Mercier, Sinéad |
| author_browse | Byer, Amanda Carrière, Scott A. Cazzola, Matilde Coffey, Donal K. Cotton, Sonya Girard, Philip Leung, Hazel W. H. Mercier, Sinéad Ng´etich, Raphael Roberts, Christopher M. Strecker, Amy Vogenauer, Stefan |
| author_facet | Coffey, Donal K. Vogenauer, Stefan Carrière, Scott A. Cazzola, Matilde Girard, Philip Roberts, Christopher M. Leung, Hazel W. H. Strecker, Amy Byer, Amanda Ng´etich, Raphael Cotton, Sonya Mercier, Sinéad |
| author_sort | Coffey, Donal K. |
| collection | Directory of Open Access Books |
| description | The legal history of the British Empire is in its infancy. The research field Legal Transfer in the Common Law World in the Max Planck Institute for Legal History and Legal Theory under the Directorship of Prof Stefan Vogenauer has been engaged in scientific examination and analysis of this field. In 2021, the Third Legal Histories of Empires Conference was held in the National University of Ireland, Maynooth. A stream looking at the state of the art in Legal Transfer in the Common Law World was organized by Stefan Vogenauer and Donal Coffey, who have co-edited this volume which flows from that stream. The book argues that a comparative approach can overcome jurisdictional and ahistorical biases still often present in the legal history of empires. In an imperial legal superstructure, such as the British Empire(s), models of legislative and interpretative methods were self-consciously adopted and adapted to different jurisdictions. Moreover, the process of decolonisation disclosed similarities and divergences in the legal development of these territories. Useful insights can be gleaned from a comparison across different methodologies which are concerned with a similar normative framework between and within societies, and their relationship to the natural world. The volume has two parts. The first presents four case studies for legal transfers in chronological order. Philip Girard’s chapter traces the evolution of the law regulating employers’ liability for injured workers in Quebec. Matilde Cazzola’s work looks at the evolution of the ‘protective principle’ and its deployment through a comparative lens, with a particular focus on the United Kingdom and the Australian colonies in the 19th century. Scott A. Carrière looks at the evolution of law in colonial Newfoundland, and in particular at the relationship between contract law, charters, and Company States. In Hong Kong, Christopher Roberts and Hazel W. H. Leung analyse the evolution of vagrancy law. The second part contains a number of contributions engaging with the burgeoning field of legal geography in the context of the Empire. This is based around the ‘Property [In]Justice’ ERC group in University College Dublin headed by Amy Strecker. It includes chapters on the Caribbean by Amanda Byer, Southern Africa by Sonya Cotton, Kenya by Raphael Ng’etich, and a chapter by Sinéad Mercier on Ireland. The different areas of law covered – including inter alia public law, employment law, land law – demonstrate the vitality of the comparative method. |
| format | Online |
| id | doab-20.500.12854ir-172888 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| publisher | Max Planck Institute for Legal History and Legal Theory |
| publisherStr | Max Planck Institute for Legal History and Legal Theory |
| record_format | ojs |
| spelling | doab-20.500.12854ir-1728882026-02-28T06:06:09Z Legal Transfer and Legal Geography in the British Empire Coffey, Donal K. Vogenauer, Stefan Carrière, Scott A. Cazzola, Matilde Girard, Philip Roberts, Christopher M. Leung, Hazel W. H. Strecker, Amy Byer, Amanda Ng´etich, Raphael Cotton, Sonya Mercier, Sinéad Coffey, Donal K. Vogenauer, Stefan GPLH Legal Transfer Legal Geography British Empire Public law Employment law Common Law World thema EDItEUR::L Law::LA Jurisprudence and general issues thema EDItEUR::L Law::LA Jurisprudence and general issues::LAF Systems of law thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history The legal history of the British Empire is in its infancy. The research field Legal Transfer in the Common Law World in the Max Planck Institute for Legal History and Legal Theory under the Directorship of Prof Stefan Vogenauer has been engaged in scientific examination and analysis of this field. In 2021, the Third Legal Histories of Empires Conference was held in the National University of Ireland, Maynooth. A stream looking at the state of the art in Legal Transfer in the Common Law World was organized by Stefan Vogenauer and Donal Coffey, who have co-edited this volume which flows from that stream. The book argues that a comparative approach can overcome jurisdictional and ahistorical biases still often present in the legal history of empires. In an imperial legal superstructure, such as the British Empire(s), models of legislative and interpretative methods were self-consciously adopted and adapted to different jurisdictions. Moreover, the process of decolonisation disclosed similarities and divergences in the legal development of these territories. Useful insights can be gleaned from a comparison across different methodologies which are concerned with a similar normative framework between and within societies, and their relationship to the natural world. The volume has two parts. The first presents four case studies for legal transfers in chronological order. Philip Girard’s chapter traces the evolution of the law regulating employers’ liability for injured workers in Quebec. Matilde Cazzola’s work looks at the evolution of the ‘protective principle’ and its deployment through a comparative lens, with a particular focus on the United Kingdom and the Australian colonies in the 19th century. Scott A. Carrière looks at the evolution of law in colonial Newfoundland, and in particular at the relationship between contract law, charters, and Company States. In Hong Kong, Christopher Roberts and Hazel W. H. Leung analyse the evolution of vagrancy law. The second part contains a number of contributions engaging with the burgeoning field of legal geography in the context of the Empire. This is based around the ‘Property [In]Justice’ ERC group in University College Dublin headed by Amy Strecker. It includes chapters on the Caribbean by Amanda Byer, Southern Africa by Sonya Cotton, Kenya by Raphael Ng’etich, and a chapter by Sinéad Mercier on Ireland. The different areas of law covered – including inter alia public law, employment law, land law – demonstrate the vitality of the comparative method. 2026-02-28T06:05:59Z 2026-02-28T06:05:59Z 2026-02-27T12:59:51Z 2025 book 2196-9752 https://library.oapen.org/handle/20.500.12657/110113 9783944773483 9783944773490 https://directory.doabooks.org/handle/20.500.12854/172888 eng Global Perspectives on Legal History open access image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International https://library.oapen.org/bitstream/20.500.12657/110113/1/9783944773483.pdf Max Planck Institute for Legal History and Legal Theory 10.12946/gplh25 10.12946/gplh25 478638b4-7e02-4f48-b41d-574a5d2192b4 9783944773483 9783944773490 328 Frankfurt am Main open access |
| spellingShingle | GPLH Legal Transfer Legal Geography British Empire Public law Employment law Common Law World thema EDItEUR::L Law::LA Jurisprudence and general issues thema EDItEUR::L Law::LA Jurisprudence and general issues::LAF Systems of law thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history Coffey, Donal K. Vogenauer, Stefan Carrière, Scott A. Cazzola, Matilde Girard, Philip Roberts, Christopher M. Leung, Hazel W. H. Strecker, Amy Byer, Amanda Ng´etich, Raphael Cotton, Sonya Mercier, Sinéad Legal Transfer and Legal Geography in the British Empire |
| title | Legal Transfer and Legal Geography in the British Empire |
| title_full | Legal Transfer and Legal Geography in the British Empire |
| title_fullStr | Legal Transfer and Legal Geography in the British Empire |
| title_full_unstemmed | Legal Transfer and Legal Geography in the British Empire |
| title_short | Legal Transfer and Legal Geography in the British Empire |
| title_sort | legal transfer and legal geography in the british empire |
| topic | GPLH Legal Transfer Legal Geography British Empire Public law Employment law Common Law World thema EDItEUR::L Law::LA Jurisprudence and general issues thema EDItEUR::L Law::LA Jurisprudence and general issues::LAF Systems of law thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history |
| topic_facet | GPLH Legal Transfer Legal Geography British Empire Public law Employment law Common Law World thema EDItEUR::L Law::LA Jurisprudence and general issues thema EDItEUR::L Law::LA Jurisprudence and general issues::LAF Systems of law thema EDItEUR::L Law::LA Jurisprudence and general issues::LAZ Legal history |
| url | 2196-9752 |
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