Law and Empire: Historical and Contemporary Perspectives

Course Description

This course examines the relationship between legal systems and imperial power structures from historical and contemporary perspectives. It explores how law has been used to legitimise and sustain empires, how Indigenous legal systems have interacted with, adapted to and resisted these frameworks, and the emergence of hybrid legal conventions. The course places equal emphasis on the examination of European imperial legal systems and Indigenous legalities. It considers a range of empires and their respective legal legacies and impacts on global governance, human rights, and international law.

Throughout the course, we will explore a range of topics, including the legal foundations of the Roman Empire and their influence on later European imperial arguments, European moral and legal justifications for confiscating non-European sovereignties, the impact of colonialism on Indigenous legal systems, the intersection of law, race, and empire, the enduring legacies of imperialism in international law, legal resistance and anti-imperial movements, and the development of human rights thought in post-colonial legal orders.