Centering on cases of sexual violence, this open access book illuminates the contested introduction of British and French colonial criminal justice in the Pacific Islands during the late 19th and early 20th centuries, focusing on Fiji, New Caledonia, and Vanuatu/New Hebrides. It foregrounds the experiences of Indigenous Islanders and indentured laborers in the colonial court system, a space in which marginalized voices entered the historical record.
Rape and sexual assault trials reveal how hierarchies of race, gender and status all shaped the practice of colonial law in the courtroom and the gendered experiences of colonialism. Trials provided a space where men and women narrated their own story and at times challenged the operation of colonial law. Through these cases, Gender, Violence and Criminal Justice in the Colonial Pacific highlights the extent to which colonial bureaucracies engaged with and affected private lives, as well as the varied ways in which individuals and communities responded to such intrusions and themselves reshaped legal practices and institutions in the Pacific.
With bureaucratic institutions unable to deal with the complex realities of colonial lives, Stevens reveals how the courtroom often became a theatrical space in which authority was performed, deliberately obscuring the more complex and violent practices that were central to both colonialism and colonial law-making. Exploring the intersections of legal pluralism and local pragmatism across British and French colonialization in the Pacific, this book shows how island communities and early colonial administrators adopted diverse and flexible approaches towards criminal justice, pursuing alternative forms of justice ranging from unofficial courts to punitive violence in order to deal with cases of sexual assault.
The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by University of Waikato, New Zealand.
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Introduction
Part I: ‘A Stranger in our Midst’: Criminal Justice in the Colonial Courts
1. Creating European Law in the Pacific
2. Courtroom Theatre and Colonial Prestige
3. Bodily and Narrative Performances in the Court
Part II: ‘Rough Justice Indeed’? Creating and Contesting Law Beyond the Courts
4. Colonial Intimacies Below and Beyond the Law
5. Justice Debated
6. Alternative Pursuits of Justice
Conclusion
Bibliography
Index
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It is unusual to examine different national forms of colonialism alongside one another and comparatively within the same region at the same time. This book does so with great success, showing how magistrates, colonists, missionaries, indentured workers and Pacific Islanders negotiated and conflicted over forms of law and justice. Both the limits and the power of colonial law enforcement are revealed, along with its racialized and gendered nature.
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A study into the contested creation of colonial criminal justice systems in the British and French Pacific, focusing on the experiences of islanders and indentured labourers in navigating incidents of sexual violence through the criminal courts.
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Uncovers the ways in which indigenous islanders, indentured laborers and other marginalized groups engaged with and transformed colonial legal practices
Empire’s Other Histories is an innovative series devoted to the shared and diverse experiences of the marginalised, dispossessed and disenfranchised in modern imperial and colonial histories. It responds to an ever-growing academic and popular interest in the histories of those erased, dismissed, or ignored in traditional historiographies of empire. It will elaborate on and analyse new questions of perspective, identity, agency, motilities, intersectionality and power relations.
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Produktdetaljer
ISBN
9781350275553
Publisert
2024-07-25
Utgiver
Vendor
Bloomsbury Academic
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
304
Forfatter