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5 - Law and history

Published online by Cambridge University Press:  22 September 2009

Andrew Fitzmaurice
Affiliation:
University of Sydney
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Summary

From the 1970s historians began to emphasise that the English colonised America not by settlement but conquest. The lands of Amerindians were seized by force of arms, just as the Spanish had conquered Mexico and Peru. More recent studies have emphasised that English colonisers were uncomfortable with the language of conquest and employed natural law arguments that were more appropriate to agricultural settlers than to conquistadors. It is argued that these natural law claims underpinned the development of a commercial ideology of expansion. The use of the argument of terra nullius, for example, is said to reveal assumptions about the exploitation of the land that would underpin the expansion of commerce in the seventeenth and eighteenth centuries. Each of these interpretations, whether emphasising conquest or natural law, has drawn material from the early modern English tracts justifying colonisation to support their argument. Both would have that literature to be more coherent than it is. In fact, English promoters of colonies in the first century of colonising plans employed a whole battery of frequently conflicting arguments. These arguments were not only incoherent between authors and across time, but often the same author would resort to a range of mutually contradictory arguments. In this chapter I consider not only the use of ideas associated with the justification of agricultural colonies and conquest but also two arguments concerning the justification of colonies which have been ignored by historians.

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Chapter
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Humanism and America
An Intellectual History of English Colonisation, 1500–1625
, pp. 137 - 166
Publisher: Cambridge University Press
Print publication year: 2003

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  • Law and history
  • Andrew Fitzmaurice, University of Sydney
  • Book: Humanism and America
  • Online publication: 22 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511490521.005
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  • Law and history
  • Andrew Fitzmaurice, University of Sydney
  • Book: Humanism and America
  • Online publication: 22 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511490521.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Law and history
  • Andrew Fitzmaurice, University of Sydney
  • Book: Humanism and America
  • Online publication: 22 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511490521.005
Available formats
×