Today; every continent retains elements of the legal code distributed by the British empire. The British empire created a legal footprint along with political; economic; cultural and racial ones. One of the central problems of political theory is the insurmountable gap between ideas and their realization. Keally McBride argues that understanding the presently fraught state of the concept of the rule of law around the globe relies upon understanding how it was first introduced and then practiced through colonial administration--as well as unraveling the ideas and practices of those who instituted it. The astonishing fact of the matter is that for thirty years; between 1814 and 1844; virtually all of the laws in the British Empire were reviewed; approved or discarded by one individual: James Stephen; disparagingly known as "Mr. Mothercountry." Virtually every single act that was passed by a colony made its way to his desk; from a levy to improve sanitation; to an officer's pay; to laws around migration and immigration; and tariffs on products. Stephen; great-grandfather of Virginia Woolf; was an ardent abolitionist; and he saw his role as a legal protector of the most dispossessed. When confronted by acts that could not be overturned by reference to British law that he found objectionable; he would make arguments in the name of the "natural law" of justice and equity. He truly believed that law could be a force for good and equity at the same time that he was frustrated by the existence of laws that he saw as abhorrent. In Mr. Mothercountry; McBride draws on original archival research of the writings of Stephen and his descendants; as well as the Macaulay family; two major lineages of legal administrators in the British colonies; to explore the gap between the ideal of the rule of law and the ways in which it was practiced and enforced. McBride does this to show that there is no way of claiming that law is always a force for good or simply an ideological cover for oppression. It is both. Her ultimate intent is to illuminate the failures of liberal notions of legality in the international sphere and to trace the power disparities and historical trajectories that have accompanied this failure. This book explores the intertwining histories of colonial power and the idea of the rule of law; in both the past and the present; and it asks what the historical legacy of British Colonialism means for how different groups view international law today.
#163798 in Books imusti 2015-02-16 2015-02-16Original language:EnglishPDF # 1 5.50 x .70 x 8.20l; .0 #File Name: 0190222751224 pagesOxford University Press USA
Review
7 of 7 people found the following review helpful. GREAT READ!!!By rlrI'm a Middle East studies major and have had to read a number of books on the Arab Spring for political science; Middle East studies; and history courses. This book is by far the best of the books on the Arab Spring. As a matter of fact; I read both editions; and while the weakness of the first is that it was written less than a year after the outbreak of the uprisings; the second edition loses none of the first's ability to explain complex ideas understandably while updating the first and shifting the focus so that it is more in line with current events and popular concerns (for example; there was no ISIS when Gelvin wrote the first edition in 2012). Gelvin is a historian; and the historical background of the region plays an important part in his story. He explains how history influenced the uprisings in a number of countries; such as Egypt and Tunisia; where two centuries of state-building ensured the regime would not be toppled by a single blow; Yemen and Libya; which are "weak states" without strong institutions or long histories and where regimes simply shattered; leading to violence and protracted war; Syria and Bahrain; where regimes were "coup-proofed" so that one part of the regime could not turn on another and where the regime as a whole would go down fighting; defeat the opposition; or reach a permanent impasse with it. He traces how human rights and democracy became part of the vocabulary of political activists and their thirty year struggle to realize them. In his conclusion; he discusses the lesser known uprisings (in the monarchies; Iraq; Palestine); the question of whether the US and al-Qaeda are gaining or losing influence in the region; and the role of regional actors--ISIS; Saudi Arabia; and Iran. Like the first edition; the second is written in a question and answer format which makes it easy to read in parts; put down; then pick up again (I read it in one day). Gelvin's writing is aimed at the general reader; so doesn't have that university-textbook feel. And it is witty (Question: "Was Qaddafi crazy; or crazy like a fox?"; "What are the five biggest myths about the Egyptian uprising?"). Highly recommended.1 of 1 people found the following review helpful. RisingBy HHIn this book; Gelvin explores the causes; trajectories; significance and likely consequences of the events that began in December 2010; when rioting broke out in Tunisia after a street vendor set himself on fire to protest the police's confiscation of the fruit and vegetables he was selling. The unrest ultimately led to the resignation of the country's president on Jan. 16; 2011. Pro-democracy movements swept through the Middle East and North Africa; engulfing Egypt; then Bahrain; Morocco; Syria; Yemen; Libya and other states. Although no one could have predicted the shape and depth of the uprisings; Gelvin delineates in the book four distinct ways in which these rebellions unfolded; each rooted in the particular histories and structures of the nations involved. Gelvin contends that Tunisia's and Egypt's long histories of state-building -- unique in the Arab world -- made it possible in those countries for an autonomous military to move against long-ruling autocrats. Thus; the "street phase" of the uprisings was speedy and relatively peaceful. Conversely; in Yemen and Libya; with their short histories as unified states; feeble institutions and weak sense of national identity; the regimes fragmented; resulting in protracted and violent uprisings -- and a greater potential for revolutionary change than in Tunisia and Egypt. In Algeria; Syria and Bahrain; the ruling elites are so strongly bonded that institutions cannot splinter; nor can one part of the regime turn against another; as the army did in Tunisia and Egypt; Gelvin argues. "Ruling elites in these states know they must all hang together or they will all hang separately;" he says. "So these regimes are going to either be completely replaced or remain intact." Finally; there are the seven monarchies in the region besides Bahrain; where so far; protests demanding the reform of the system; rather than its replacement; have not yet evolved into uprisings.Gelvin; who has written extensively on the history of the modern Middle East; said writing a history of contemporary events in the region presents a unique set of challenges because the "story is still unfolding; and the true impact of this phenomenon won't be known for years; if ever." Written with the eye toward the non-specialist; "The Arab Uprisings" features a quick-hit; question-and-answer format which; unlike many books by academics; is presented in a clear; easy-to-understand manner. And at less than 160 pages; it is a relatively quick read.New to this edition are updates the situation in individual countries affected by the uprisings; shifts the emphasis from the initial upheaval itself to the spinning out of the revolutionary process; and Gelvin reconsiders the possible historical significance of the uprisings. For anyone wishing to understand the dramatic events in the Middle East; "The Arab Uprisings" is the place to turn.0 of 0 people found the following review helpful. Concise synthesis of Middle East ConflictBy ErikaA great primer to form a thorough understanding for further study and interpretation of current conflicts. If this were a course I would name it "Arab Conflict 101: Motivations; Roots and Religious Underpinnings".
