Overview

For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years' War as the world's most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others retained much of their previous legal regimes. As legal historian Christian R. Burset argues, determining how much English law a colony received depended on what kind of colony Britain wanted to create. Policymakers thought English law could turn any territory into an anglicized, commercial colony; legal pluralism, in contrast, would ensure a colony's economic and political subordination. Britain's turn to legal pluralism thus reflected the victory of a new vision of empire--authoritarian, extractive, and tolerant--over more assimilationist and egalitarian alternatives. Among other implications, this helps explain American colonists' reverence for the common law: it expressed and preserved their equal status in the empire. This book, the first empire-wide overview of law as an instrument of policy in the eighteenth-century British Empire, offers an imaginative rethinking of the relationship between tolerance and empire.

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Christian R. Burset is professor of law at Notre Dame Law School. He lives in Chicago, Illinois, and South Bend, Indiana. Perry Daniels is an award-winning, classically trained actor from Atlanta, Georgia, with over a decade of experience on stage, screen, and lurking mysteriously behind the microphone of his home studio. An audiobook junkie and mimic with a love of dialects, Perry strives to bring sincerity, energy, depth, and a focus on performance to his narration.

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