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Aboriginal Societies and the Common LawA History of Sovereignty, Status, and Self-Determination$
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P.G. McHugh

Print publication date: 2004

Print ISBN-13: 9780198252481

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780198252481.001.0001

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Aboriginal Sovereignty and Status in the ‘Empire(s) of Uniformity’

Aboriginal Sovereignty and Status in the ‘Empire(s) of Uniformity’

Chapter:
(p.117) 3 Aboriginal Sovereignty and Status in the ‘Empire(s) of Uniformity’
Source:
Aboriginal Societies and the Common Law
Author(s):

P.G. McHUGH

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198252481.003.0003

Through the 17th and most of the 18th centuries, the formal pattern of British relations with non-Christian societies carried strong residual traces of a medieval and personalized approach to the nature of sovereign authority. This was expressed through an underlying jurisdictionalism by which British authority over non-Christians was based upon treaty, protocol and suchlike relations with those people. Essentially this approach recognized and worked through the political authority of the non-Christian polity. In the late 18th and 19th centuries, however, a new, modern approach towards sovereign authority emerged and was applied to tribal peoples. This chapter describes that transition.

Keywords:   British imperialism, non-Christian societies, jurisdictionalism, sovereign authority, colonialism

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