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Justice in a New WorldNegotiating Legal Intelligibility in British, Iberian, and Indigenous America$
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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

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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: 19 September 2021

Intelligibility or Incommensurability?

Intelligibility or Incommensurability?

Chapter:
(p.291) 10 Intelligibility or Incommensurability?
Source:
Justice in a New World
Author(s):

Daniel K. Richter

Publisher:
NYU Press
DOI:10.18574/nyu/9781479850129.003.0010

In this concluding perspectives essay, Richter contends that Natives and Europeans could make each other’s legal practices intelligible when it was in their mutual interests to do so. Problems arose when interests were not shared. This was quite common on account of the starkly different aims that indigenous peoples and Europeans pursued through law and of their different understandings of “justice” and “rights.” This “incommensurability” was, in Richter’s reading, more significant than the challenge of intelligibility. Richter pursues this theme by a reading of Herzog’s, Pulsipher’s, and Dixon’s chapters in this volume and by recounting mid-seventeenth-century negotiations between the Virginia House of Burgesses and Cockacoeske (the queen of Pamunkey).

Keywords:   justice, Virginia House of Burgesses, queen of Pamunkey, legal practices, Cockacoeske, mutual interests

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