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History Seminar, to the History and Theory in Constitutional Development workshop of the University of Notre Dame in London, and to the Law and History Workshop at Tel Aviv University. Parts of the material discussed in Chapter 8 were delivered as a Current Legal Problems lecture at University College, London, in 2015, and published as 'Habeas Corpus, Imperial Rendition and the Rule of Law', Current Legal Problems (2015), pp. 27-84. I have also benefited greatly from the wider intellectual community of the American Society for Legal History, at whose annual conferences I have had many opportunities to discuss the development of this work. Many scholars have helped shape my thinking on the role of law in imperial history, both through their own work and through questions raised in conversation. Among those who have provided me with useful ideas, leads and suggestions in the last few years in this field are
History Seminar, to the History and Theory in Constitutional Development workshop of the University of Notre Dame in London, and to the Law and History Workshop at Tel Aviv University. Parts of the material discussed in Chapter 8 were delivered as a Current Legal Problems lecture at University College, London, in 2015, and published as 'Habeas Corpus, Imperial Rendition and the Rule of Law', Current Legal Problems (2015), pp. 27-84. I have also benefited greatly from the wider intellectual community of the American Society for Legal History, at whose annual conferences I have had many opportunities to discuss the development of this work. Many scholars have helped shape my thinking on the role of law in imperial history, both through their own work and through questions raised in conversation. Among those who have provided me with useful ideas, leads and suggestions in the last few years in this field are
20 The Court of Common Pleas in Toronto later freed Anderson on a technicality (The Times, 19 February 1861, p. 7; 27 February 1861, p. 12), rendering the intervention of the Westminster court unnecessary. By then, the English Law Officers had given an opinion that he could not be extradited under the Webster-Ashburton treaty, since it could not be murder for a person to kill someone attempting to enslave them:
In 1814, the Cape Colony was ceded by the Dutch to the British. The territory extended as far as the Great Fish River to the east and the Koussie River to the north. This land was home to approximately 60,000 people, of whom 27,000 were white descendants of Dutch and Huguenot settlers, and 17,000 indigenous Khoi, or 'Hottentot' people. For much of the nineteenth century, the border of the Cape colony was unsettled, as a series of 'frontier wars' was fought between the colonists and the Xhosa, which would ultimately lead to the subjection of the Africans and their incorporation into the empire. Martial law was declared in the Eastern Cape during these wars in 1835, 1846, 1850 and 1877. These periods of war and rebellion saw many people being detained either as prisoners of war or as rebels, and many more imprisoned after briefs trials in martial law courts. The Cape frontier would give the Colonial Office its first African experience of imprisonment in times of emergency. The wars here would raise questions about the nature of martial law and its relationship with ordinary civilian law. They would also raise questions about how far any idea of the rule of law would act as a constraint on official policy.The Cape Colony was a settler colony, with an established judicial system. The Roman-Dutch law brought by the original settlers was the law applied by a Supreme Court constituted under royal charter in 1827 to succeed an earlier court of justice in the Cape. The new court, which used a common law judicial and procedural framework, was open to those who had been advocates in the preceding court, and to 38 of use, available at https://www.cambridge.org/core/terms.
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