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7 - Analytical Crossroads

Dominium, Consuls, and Extraterritoriality

Published online by Cambridge University Press:  15 October 2020

Maïa Pal
Affiliation:
Oxford Brookes University
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Summary

Chapter 7 discusses the conceptual and historiographical implications of the analysis of consuls in Chapter 5 and of the jurisdictional practices of accumulation in Chapter 6. Exploring different meanings of jurisdiction for the doctrine of the law of nations in Castile and for England’s famous Calvin’s Case reveals the importance of the difference between transplants and transports of authority as shaped by different notions of dominium. In effect, transplants of authority refer to notions of dominium that incorporate both ownership of things and people and rule or judicial authority over things and people. In contrast, transports of authority refer to a more restricted notion of dominium focused on the ownership of things, or what some might identify as private property. Finally, in the Mediterranean, jurisdictional accumulation reveals how early modern consuls, as the most significant and neglected of jurisdictional actors, were shaping key legal fictions (political–economic and Christian–non-Christian) that were maintained in the later-nineteenth-century’s construction of modern international law, and which contributed to excluding peoples from the standards of civilisation.

Type
Chapter
Information
Jurisdictional Accumulation
An Early Modern History of Law, Empires, and Capital
, pp. 272 - 297
Publisher: Cambridge University Press
Print publication year: 2020

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  • Analytical Crossroads
  • Maïa Pal, Oxford Brookes University
  • Book: Jurisdictional Accumulation
  • Online publication: 15 October 2020
  • Chapter DOI: https://doi.org/10.1017/9781108684538.008
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  • Analytical Crossroads
  • Maïa Pal, Oxford Brookes University
  • Book: Jurisdictional Accumulation
  • Online publication: 15 October 2020
  • Chapter DOI: https://doi.org/10.1017/9781108684538.008
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.

  • Analytical Crossroads
  • Maïa Pal, Oxford Brookes University
  • Book: Jurisdictional Accumulation
  • Online publication: 15 October 2020
  • Chapter DOI: https://doi.org/10.1017/9781108684538.008
Available formats
×