Hybrid Constitutions

Challenging Legacies of Law, Privilege, and Culture in Colonial America

Autor: Vicki Hsueh

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Editura: Duke University Press

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In "Hybrid Constitutions", Vicki Hsueh challenges the idea that early-modern colonial constitutions...

Informații despre carte

Autor

Vicki Hsueh

Limbă

engleză

Legare

Carte - Carte broșată

Publicat

2010

Pagini

208

EAN

9780822346326

ISBN

082234632X

Enbook ID

04939088

Editura

Duke University Press

Greutate

295

Dimensiuni

155 x 231 x 13

Descriere completă

In "Hybrid Constitutions", Vicki Hsueh challenges 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 and accommodation of indigenous peoples. Proprietary colonies were governed by an individual (or small group 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. The 'hybrid constitutions' they created were often altered based on interactions among the English settlers, other European settlers, and indigenous people. Hsueh traces the historical development and theoretical implications of proprietary constitutionalism by examining the founding of the colonies of Maryland, Carolina, and Pennsylvania. 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 1632; the Fundamental Constitutions of Carolina, adopted in 1669; and, the treaties brokered by William Penn and various Lenni Lenape and Susquehannock tribes during the 1680s and 1690s. 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.

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Hybrid Constitutions

Challenging Legacies of Law, Privilege, and Culture in Colonial America

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