Thursday, November 12, 2026

Schorr on "Colonial Law" in British Legal Literature

David Schorr, Tel Aviv University Buchmann Faculty of Law, has posted The Creation of “Colonial Law” in British Legal Literature, which is forthcoming in Legal Unification Through Case Law: Supreme Courts and the Emergence of Uniform Law in the Modern Era, ed. Martin Loehnig (2027):


As an extension of ongoing research on the case law of the Judicial Committee of the Privy Council (hereinafter: the Privy Council), which served as a court of appeal for the empire (excluding Britain itself), this chapter examines the ways in which legal books of the time developed and reflected a consciousness of a diverse yet somehow unified corpus that could be compiled and comprehended as a new legal system-'colonial law'. More particularly, it argues that it was the existence and activity of the globe-spanning, empire-wide jurisdiction of the Privy Council, alongside various other facets of the imperial legal system administered from Westminster, that spurred the creation of this new 'colonial law'.

--Dan Ernst