This book analyses the laws that shaped modern European empires from medieval times to the twentieth century. Its geographical scope is global, including the Americas, Europe, Africa, Asia, Australia and the Poles. Andrew Fitzmaurice focuses upon the use of the law of occupation to justify and critique the appropriation of territory. He examines both discussions of occupation by theologians, philosophers and jurists, as well as its application by colonial publicists and settlers themselves. Beginning with the medieval revival of Roman law, this study reveals the evolution of arguments concerning the right to occupy through the School of Salamanca, the foundation of American colonies, seventeenth-century natural law theories, Enlightenment philosophers, eighteenth-century American colonies and the new American republic, writings of nineteenth-century jurists, debates over the carve up of Africa, twentieth-century discussions of the status of Polar territories, and the period of decolonisation.
Bibliography, etc. Note
Includes bibliographical references (pages 335-357) and index.
Formatted Contents Note
Occupation from Roman law to Salamanca The Salamanca school in England Occupation and convention Theories of occupation in the eighteenth century The Seven Years' War, land speculation and the American Revolution Occupation in the nineteenth century Res nullius and sovereignty Territorium nullius and Africa Terra nullius and the polar regions.
KZ1242 .F58 2014
Available in Other Form
Online version: Fitzmaurice, Andrew. Sovereignty, property and empire, 1500-2000. Cambridge, United Kingdom : Cambridge University Press, 2014
Cambridge, United Kingdom : Cambridge University Press, 2014.