Making Law Intelligible in Comparative Context

Justice in a New World: Negotiating Legal Intelligibility in British, Iberian, and Indigenous America, ed. Brian P. Owensby and Richard J. Ross (New York: NYU Press, 2018), 1-58.

59 Pages Posted: 28 Sep 2018

See all articles by Brian Owensby

Brian Owensby

University of Virginia - Corcoran Department of History

Richard J. Ross

University of Illinois College of Law; University of Illinois at Urbana-Champaign - Department of History

Date Written: September 7, 2018

Abstract

This essay is the first chapter in an edited volume. It lays out the intellectual agenda for the project and situates the other essays in the volume.

Here is the agenda for the volume as a whole:

As British and Iberian empires expanded across the New World, differing notions of justice and legality played out against one another as settlers and indigenous people sought to negotiate their relationship. In order for settlers and natives to learn from, maneuver, resist, or accommodate each other, they had to grasp something of each other's legal ideas and conceptions of justice.

This volume advances our understanding of how natives and settlers in both the British and Iberian New World empires struggled to use the other’s ideas of law and justice as a political, strategic, and moral resource. In so doing, indigenous people and settlers alike changed their own practices of law and dialogue about justice. Europeans and natives appealed to imperfect understandings of their interlocutors’ notions of justice and advanced their own conceptions during workaday negotiations, disputes, and assertions of right. Settlers’ and indigenous peoples’ legal presuppositions shaped and sometimes misdirected their attempts to employ each other’s law.

Natives and settlers construed and misconstrued each other's legal commitments while learning about them, never quite sure whether they were on solid ground. Chapters explore the problem of “legal intelligibility”: How and to what extent did settler law and its associated notions of justice became intelligible — tactically, technically and morally — to natives, and vice versa? To address this question, the volume offers a critical comparison between English and Iberian New World empires. Chapters probe such topics as treaty negotiations, land sales, and the corporate privileges of indigenous peoples. Ultimately, Justice in a New World offers a dual comparative study of what it means for laws and moral codes to be legally intelligible.

Keywords: British North America; Spanish America; Indians; Native Americans; comparative

Suggested Citation

Owensby, Brian and Ross, Richard J., Making Law Intelligible in Comparative Context (September 7, 2018). Justice in a New World: Negotiating Legal Intelligibility in British, Iberian, and Indigenous America, ed. Brian P. Owensby and Richard J. Ross (New York: NYU Press, 2018), 1-58. , Available at SSRN: https://ssrn.com/abstract=3245649

Brian Owensby

University of Virginia - Corcoran Department of History ( email )

Nau Hall - South Lawn
Charlottesville, VA 22904
United States

Richard J. Ross (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
217-244-7890 (Phone)

University of Illinois at Urbana-Champaign - Department of History

United States

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