Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-jr42d Total loading time: 0 Render date: 2024-04-24T17:47:01.534Z Has data issue: false hasContentIssue false

6 - Constructing Sovereignty: Extraterritoriality in the Oriental Republic of Uruguay

Published online by Cambridge University Press:  18 December 2009

Lauren Benton
Affiliation:
New York University
Get access

Summary

State making in colonial contexts always involved contests over the configuration of plural legal systems. But what occurred in places of “informal empire,” where Western powers did not assert political control and did not therefore assume the task of overseeing legal administration? One might expect conflicts over the architecture of the legal order – the relation between indigenous and imposed law, or between state and nonstate legal authority – to assume a less prominent place in political and cultural discourse. The establishment of Western models of law might seem merely to follow pervasive pressures to facilitate interstate bargaining and international investment, and to flow from elite intercultural influences and Westernized education.

As in places of formal colonial control, though, debates about legal pluralism in settings of informal empire had a special place in political and cultural imagination; recurring legal conflicts, particularly jurisdictional disputes, had a tendency to keep these issues in prominent view; and legal interactions had their own transformative power. The idea and reality of a territorial sovereignty in which state law subsumed other legal authorities emerged in part in response to the dynamics of legal conflicts in complex arrangements of mixed power. In places with strikingly different legal traditions, the mid-nineteenth century saw the construction (and continual restructuring) of legal orders that simultaneously built on older forms of legal pluralism and gestured toward stronger claims of state power.

Type
Chapter
Information
Law and Colonial Cultures
Legal Regimes in World History, 1400–1900
, pp. 210 - 252
Publisher: Cambridge University Press
Print publication year: 2001

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

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 Dropbox.

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.

Available formats
×