Friday, March 11, 2016

Call for Papers: Special courts in the colonial space

Via H-Law, we have the following call for papers:
specialized justices and justices except in the colonial space
(16th-20th centuries): Themis Overseas 2
Call for Papers - Symposium, December 9, 2016 
(Call for papers - Seminar - 2016-12-09)
Judicial systems are generally divided into two major categories of jurisdiction, which can also intermingle and obviously complement the one hand the so-called ordinary courts, skills extended to the whole of the common law, and specialized courts say or exception.
Modern and contemporary settlements are no exception to this institutional duality. The Old Colonial System knew, and to stick by the French example, regular judicial institutions, also modeled more or less on the metropolitan model (sovereign advice and senior Quebec, Louisiana and the Caribbean, royal justices of the Valley of the St. Lawrence, etc.), but also specialized justices, such as military or admiralty justices. The provinces under British rule after 1763 and into the 1860s also knew their "  Special short  " ( Courts Martial , Prerogative Courts for ecclesiastical justice, Court of Vice Admiralty, etc.). The Second French Empire also coexist, as in Algeria, in black Africa or Indochina, the trial courts, criminal courts, courts of appeal, courts of assizes, etc. - JPs can in turn be linked both to the ordinary courts at the specialized justice - to which we can aggregate the Muslim courts resolutely dedicated to native litigants between them and the Jewish courts. Perhaps we could expand and multiply examples for other European colonial spaces of the period.
However, the exceptional nature of justice in colonial lands can take different forms or be considered on another level because it works with strangers courts in France or experiencing specific situations properly Colonial: in French Louisiana, justice military supplied the largely ordinary royal justice, especially in the Upper Mississippi where the second existed only on paper; we know that in the neighboring American colonies, whether legal architecture was modeled on the metropolitan model, the organization and operation of real English colonial courts there were quite different; more striking still, criminal justice in French India 18th century was the work of the court Chauderie, singular instance. In British Canada, as we have already mentioned, existed foreign judicial institutions in Britain and the Militia Officers and the Trinity Houses specialized in processing small river and commercial offenses in the St. Lawrence Valley . During the Raj British coexisted almost two justices, one white, the other "coolie", the violence of the first acting on the second. German colonies, both in Africa and in the Pacific, experienced its own judicial administration, with little relation to that present in European part of the Reich . These are just a few of the recall.
All these specialized justices or exception, both from an institutional point of view as a practical reality, is worth investigating or updated. These justices have completed the regular system, or ensured the existence of a singular political justice and that is the double advantage of this conference to want to understand the colonial judicial system as a whole.
We will return to the title from the founder prospect raised by the first colonial empire. Thus in a judicial system that was originally based on a desire to colonies of simplification would soon lead to a proliferation of specific judicial institutions. It is necessary to analyze this phenomenon, identify institutions that aggregate at the initial organizational structure, to examine the reasons and check operation. A typology should be outlined including on the basis of a diptych: Additional justices / justices policies similar to the metropolitan phenomenon himself has been sensitive to the seventeenth century (with the practice of justices by committee).
Similarly we will seek to understand how the second colonial empire extended, but also exceeds, at least in scale, this phenomenon that goes through an overflow justices ordinary or common law. In a context where the nature of the judicial system is changing and the notion of justice becomes special, and the concept of political justice, metropolitan principles are cantilevered to the colonies. The design of "natural judges" is inadequate, the weight of the argument based on local characteristics is growing to challenge the implementation of inclination of regular judicial institutions or pervert.
This second study day will have a dual role: that of the institutional history (operation, competences and powers, justice personnel, etc.) and the legal history (justice practices, gender issues, such as specialized justices reflection of the colonial culture, etc.). The complexity of the issues deserves careful preparation. Here we rethink the prism of the colonial context the terms "special justices ',' exceptional justices," "political righteousness."
This symposium (in French and English) will be open to both legal historians, historians of justice and colonial historians of modern and contemporary periods.
Proposals for papers must be submitted by 30 June 2016 at eric.wenzel@univ-avignon.fr

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