Jump to ContentJump to Main Navigation
Justice in a New WorldNegotiating Legal Intelligibility in British, Iberian, and Indigenous America$
Users without a subscription are not able to see the full content.

Brian P. Owensby and Richard J. Ross

Print publication date: 2018

Print ISBN-13: 9781479850129

Published to NYU Press Scholarship Online: May 2019

DOI: 10.18574/nyu/9781479850129.001.0001

Show Summary Details
Page of

PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 24 September 2021

Making Law Intelligible in Comparative Context

Making Law Intelligible in Comparative Context

Chapter:
(p.1) 1 Making Law Intelligible in Comparative Context
Source:
Justice in a New World
Author(s):

Brian P. Owensby

Richard J. Ross

Publisher:
NYU Press
DOI:10.18574/nyu/9781479850129.003.0001

In this opening chapter, Owensby and Ross offer a conceptual, theoretical, and historiographical framing of “legal intelligibility” and explore its relevance to understanding interimperial legalities from the sixteenth to the early nineteenth century. They advocate an explicitly comparative approach between Iberian and British legal systems as these played out on the ground, while arguing that a deep understanding of law and justice in these settings requires equally close attention to indigenous legal ideas and practices. The authors argue that imperial and indigenous legal presuppositions informed, shaped, and sometimes misdirected legal encounters. At the heart of the process is what they call “legal intelligibility”—how and to what extent legal regimes and associated notions of justice became intelligible to settlers and Natives who faced each other across the terrain of law.

Keywords:   justice, legal systems, legal intelligibility, imperial legalities

NYU Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.