Read PDF Hybrid Constitutions: Challenging Legacies of Law, Privilege, and Culture in Colonial America

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For book covers to accompany reviews, please contact the publicity department. Instructions for requesting an electronic text on behalf of a student with disabilities are available here. In Hybrid Constitutions , Vicki Hsueh contests the idea that early-modern colonial constitutions were part of a uniform process of modernization, conquest, and assimilation. Through detailed analyses of the founding of several seventeenth-century English proprietary colonies in North America, she reveals how diverse constitutional thought and practice were at the time, and how colonial ambitions were advanced through cruelty toward indigenous peoples as well as accommodation of them.


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Proprietary colonies were governed by individuals or small groups of individuals granted colonial charters by the Crown. These proprietors had quasi-sovereign status over their colonies; they were able to draw on and transform English legal and political instruments as they developed constitutions. Hsueh demonstrates that the proprietors cobbled together constitutions based on the terms of their charters and the needs of their settlements. Hsueh traces the historical development and theoretical implications of proprietary constitutionalism by examining the founding of the colonies of Maryland, Carolina, and Pennsylvania.

Hybrid Constitutions | Duke University Press

She provides close readings of colonial proclamations, executive orders, and assembly statutes, as well as the charter granting Cecilius Calvert the colony of Maryland in ; the Fundamental Constitutions of Carolina, adopted in ; and the treaties brokered by William Penn and various Lenni Lenape and Susquehannock tribes during the s and s.

These founding documents were shaped by ambition, contingency, and limited resources; they reflected an ambiguous and unwieldy colonialism rather than a purposeful, uniform march to modernity. Hsueh concludes by reflecting on hybridity as a rubric for analyzing the historical origins of colonialism and reconsidering contemporary indigenous claims in former settler colonies such as Australia, New Zealand, and the United States.

Hybrid Constitutions Challenging Legacies of Law Privilege and Culture in Colonial America Pdf

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Law, Discretion, and Colonial Founding 25 3. Through detailed analyses of the founding of several seventeenth-century English proprietary colonies in North America, she reveals In Hybrid Constitutions , Vicki Hsueh contests the idea that early-modern colonial constitutions were part of a uniform process of modernization, conquest, and assimilation.

Through detailed analyses of the founding of several seventeenth-century English proprietary colonies in North America, she reveals how diverse constitutional thought and practice were at the time, and how colonial ambitions were advanced through cruelty toward indigenous peoples as well as accommodation of them. Proprietary colonies were governed by individuals or small groups of individuals granted colonial charters by the Crown.

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These proprietors had quasi-sovereign status over their colonies; they were able to draw on and transform English legal and political instruments as they developed constitutions. Hsueh demonstrates that the proprietors cobbled together constitutions based on the terms of their charters and the needs of their settlements.


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Law Discretion and Colonial Founding in Maryland. Theory and Practice in the Fundamental Constitutions of Carolina.