The Sultan's Domain: British Cyprus' Role in the Redefinition of Property Regimes in the Post-Ottoman Levant

This article argues that property law is the main means through which Britain built its imperial sovereignty on Cyprus and in the post-Ottoman Levant. It charts the development of an official British expertise in Ottoman land legislation following the so-called affair of the Sultan's claims to properties in Cyprus. To settle this matter in the island which they had obtained to ‘occupy’ and ‘administer’ through a treaty with the Sublime Porte, colonial authorities were compelled to become conversant with the 1858 Ottoman Land Code. Hence, the article argues that because of its ambiguous status – a province occupied and administered by Britain but under the nominal suzerainty of the Sultan from 1878 to 1914 – Cyprus, as the first Ottoman territory to pass under direct Western rule, played a decisive role in the elaboration of a colonial knowledge in Ottoman land laws. And this, despite long-standing economic and political ties between Britain and the Ottoman Empire and exposure to other settings where layered land tenure systems prevailed. Published in treatises authored by British administrators of Cyprus, the legal expertise in Ottoman land law thus acquired was then transposed to other territories which passed under British rule, such as Palestine.     

英租威海卫时期的威海政治体制

在英国租占威海卫32年里,英国是怎样对威海卫实行殖民统治这是认识和研究英租威海卫历史的一个根本问题。《1901年枢密院威海卫法令》的颁布,确立了威海卫的基本政治制度。英国从政权设置、司法制度、社会治安、乡村控制等方面,逐步建立起一套政治高度集权、控制严密的殖民统治体制,从而实现了其对威海卫的全面控制。     

‘The Laws of his Own Country’: Defamation,Banishment and the Problem of Legal Pluralism in the 1820s Cape Colony

In 1824 the Cape colony was rocked by three criminal libel trials brought by the colonial administration against settlers who had criticised its officials. To further silence their critics, a recently established colonial newspaper was suppressed and an order banishing its editor was issued by executive decree without judicial process. While these actions are well known to historians of South Africa, the important legal and constitutional issues they raised have not been properly recognised. In tracking the controversy that these trials unleashed in London, Cape Town and other colonial localities, this article argues that these events must be situated within a broader crisis of legal pluralism playing out within the British Empire. The confusion between English and Dutch law highlighted by these cases and their aftermath reveals constitutional debates that underscore the deep contingency of conquest law at a highly unstable legal and political moment. The political disputes inspired by these actions demonstrate that conflicts between variants of European law need to be more clearly recognised as instrumental to the strengthened implementation of British imperial legal hierarchies in colonial localities through the 1820s and 1830s.     

Britishness Reconsidered: Interplay Between Immigration and Nationality Legislation and Policymaking in Twenty-first Century Britain

ABSTRACT

This paper aims to clarify the dynamic interplay between immigration and nationality legislation and policymaking in post-imperial and pre-Brexit Britain. In 1981 and 2002, the years on which this paper focuses, three pieces of legislation were enacted marking watershed moments for British policy regarding immigration and nationality. The British Nationality Act of 1981 established ‘British citizenship’ in the statute book. The Nationality, Immigration and Asylum Act of 2002 claimed to introduce new meaning and value to the acquisition of British citizenship by introducing a citizenship test and pledge. Furthermore, the British Overseas Territories Act of 2002 expanded the geographic scope of British citizenship by, in theory, providing citizenship to all those eligible in the existing dependent territories. Debates on the meaning of Britishness and the political projects linking immigration and nationality legislation to it, continue today in government, academia, and the media, all of whom are competing to have a tangible impact on policy. This paper addresses two questions. First, how can we account for the protracted nature of the debate on Britishness, and government efforts to enact immigration and nationality legislation based upon it? Second, if the meaning of Britishness has evolved over time, how has it been shaped by the course of these ongoing political debates?     

Interning the Serpent: Witchcraft,Religion and the Law on Montserrat in the 20th Century

This article is an examination of the uneasy relationship between religion and witchcraft (the worship of the serpent/obeah) on the British colony of Montserrat in the Eastern Caribbean. It looks at obeah in the 20th century as practised by colonial British subjects and prohibited by British law imposed by British expatriates. Colonial governance is examined first through correspondence at the start of the 20th century, and then through newspaper archives and fieldwork reports and experiences throughout the century. The continued use of anti‐obeah laws by the British is shown to be an irrational but effective colonial technology of control.     

On Taking from Others: History and Sensibility in Archaeologists’ Arguments for Treasure Trove Legislations

The Indian Treasure Trove Act of 1878 is understood as a landmark legislative victory in the preservation of South Asian material pasts. This paper presents a detailed archival history recounting how archaeologists themselves were crucial to the promulgation of the Act and the authors of its specific provisions. It demonstrates how arguments for the reform of royal prerogative into an instrument for the discipline were born in mid-nineteenth-century British debates, where archaeologists’ attempts for a similar statutory change in property laws had been frustrated. Centuries-long tensions in common law definitions and their governance of treasure are demonstrated to be crucial to how we may better understand the new ‘policy’ of the colonial law and its operation. To do so, the paper reviews select cases and presents an evaluation of the archaeological justice of the rule of this law. It asks why our critical historiography has remained insensible to the victims of this law — archaeology’s counter-publics — who have been routinely incarcerated and punished in the name of the greater archaeological common good. Through these examinations, the paper reflects upon the enduring sensibilities and commitments that are involved in continuing to take treasures from others.     

Examinations,access, and inequity within the empire: Britain,Australia and India, 1890–1910

Recent scholarship on transnational immigration restriction have tended to frame British policies in opposition to those of white settler colonies, emphasising the frustration of British officialdom at the explicitly racist exclusions in South Africa, Canada, New Zealand and Australia. While acknowledging these, this paper interrogates the British position, by locating synergies between the deployment of examinations as a form of racial gatekeeping at the height of the empire, with reference to discourses of equity and access emanating from Britain, Australia and India. It reads British attempts to ameliorate the harsh exclusions of the White Australia policy – administered through the apparently neutral device of the Dictation Test – alongside remarkably similar constraints embedded in the exams for the Indian Civil Service that were designed to limit the numbers of Indians in the ICS. Race-based immigration restriction was consistent with – not repugnant to – imperial sensibilities, contrary to so many protestations. The prevalence of racially discriminatory immigration legislation in settler societies had the effect of projecting the worst forms of racism to the peripheries of empire, exposing the contradictions of the colonial project in India.     

Politicians,Merchants, and Colonial Maritime War: The Political and Economic Background of the American Act of 1708

During the War of the Spanish Succession (1702–13), there were attempts to support colonial maritime war by legislation, and the American Act of 1708 can be seen as their culmination. Historians who study privateering or colonial history have referred to this act in several contexts, such as reform in prize administration, naval impressment in American colonies, and Spanish‐American trade. However, the political and economic interests behind this act have not been fully investigated. By examining the process of the enactment of the American Act together with antecedent attempts to promote colonial maritime war in parliament, this article reveals the political and vested interests involved in the act, the relations between them, and the influence they had on the content of the act. This analysis will show the complex interaction between politics, trade, and colonial maritime war in the early‐18th‐century American colonies.     

‘Between Two Fires’: Racial Populism,Indian Resistance and the Beginnings of Satyagraha in the Transvaal, 1902–06

In revisiting the historical circumstances leading up to the birth of satyagraha in the Transvaal in September 1906, this article seeks to place white popular protests against Asians within the same frame of analysis as Indian active nonviolence. In doing so it makes two interrelated arguments. First, I suggest that the evolution of satyagraha is better understood when examined in tandem with racial populism. Indian resistance to Transvaal laws was forged in a hostile, violent and racially charged environment. Gandhi and his followers were well aware of the power of white populism and its political influence over the Transvaal administration, and came to realise that some form of mass action of their own would be needed to counter this influence and achieve their political objectives. Second, I argue that it was the express intention of both white racial populists and the Gandhian resistance movement to exploit the competing imperial priorities of the Transvaal and British governments. The widespread agitation led by the White League and other organisations threatened the stability and authority of the colonial state; and so governors Milner and Selborne sought to appease settler opinion by enacting discriminatory legislation. However, London’s and Calcutta’s sensitivity to prejudice directed against British Indians in southern Africa also opened the door to anti-colonial protest, with Gandhi and his supporters generating support and sympathy in Britain and India by agitating for the repeal of unjust laws. The Transvaal administration was therefore forced to pick its way between white populists, Indian protesters, and imperial oversight and censure; and its anti-Indian policies were shaped by these contradictory pressures.     

Bridgeheads, ‘Colonial Places’ and the Queensland Financial Crisis of 1866

This article provides a new perspective on the links between British imperialism and metropolitan finance by showing how formal power reinforced ‘money power’ at a formative stage in the political development of the colony of Queensland. In 1866, despite the contraction of the bridgeheads of formal British authority in eastern Australia, local imperial representatives quickly aligned with private interests when British investments appeared to be threatened by a proposal to introduce a fiduciary note issue. Subsequently, Queensland politicians continued to contest the control of money and the scope of government intervention in the colonial economy. Ultimately, however, the inflow of British capital created new bridgeheads of British power in Queensland, re-constituting it as a ‘colonial place’ in the informal empire of investment and influence.     

Tracking ethno-cultural differences: the Lagos steam tramway, 1902–1933

The Lagos steam tramway project (1902–1933) is examined against the background of British colonial town-planning policy in early twentieth-century Nigeria, with reference to the effects of its layout and services on Lagos's street morphology and ethnic tapestry. Drawing on contemporary evidence regarding colonial plans as well as local physical and social circumstances, the article shows that the tramline was used by the British colonial authorities to reinforce a pre-existent informal residential segregation in Lagos between the indigenous and the expatriate populations. By examining both social and morphological structures in order to understand the political and ethno-cultural implications of the tram, this article contributes to the recently growing literature on the history of European modes of planning outside Europe. In this literature, interdisciplinary in its character, sub-Saharan Africa has relatively limited representation.     

Obscenity,Moral Contagion and Masculinity: Hijras in Public Space in Colonial North India

Abstract:

In the 1850s, the British “discovered” a community of transgender eunuch performers, the hijras, and legislated for their surveillance and control under the Criminal Tribes Act (CTA) in 1871. This article examines how the British dealt with transgender colonial subjects and the implications for our understanding of colonial masculinities. In particular, I analyse colonial attempts to erase hijras as a visible socio-cultural category and gender identity in public space through the prohibition of their performances and feminine dress. This case study demonstrates, first, how masculinity intersected with a broad range of colonial projects, agendas and anxieties. Focusing on the problematic presence of cross-dressing and performing hijras in public space, I examine how colonial attempts to order public space and reinforce political borders dovetailed with discourses of masculinity, obscenity and contagion. Second, I argue that attempts to discipline masculinity and obscenity were uneven in practice, meaning the CTA had varying localised impacts upon hijras. The lack of interest of some British officials in regulating hijras, inadequate policing resources, and pragmatic compromises opened up gaps in surveillance that hijras grasped and expanded, frustrating colonial attempts to transform their bodies and behaviours.     

The Foreign Enlistment Act,International Law,and British Politics, 1819–2014

Foreign enlistment has made headline news in the current Syria crisis and with the rise of the terror group ISIS. The problem is an old one. How can states prevent their citizens from joining foreign forces? Whatever the motives of volunteers, states have usually reacted with the implementation of domestic laws in the hope of gaining a grip on the situation. Britain has one of the oldest pieces of legislation in place, the so-called Foreign Enlistment Act. Dating back to 1819, the history of the Act is largely unexplored. An analysis of British state practice related to the Act brings a history to light which reaches far beyond the domestic sphere where the Act is firmly placed today. The article shows that the Act originated in the realm of foreign policy, shaping legal concepts, such as non-intervention, recognition, and neutrality in the nineteenth century. In the twentieth century the Act was increasingly discussed in domestic policy, where current debates on foreign enlistment also take place. Thus, the article examines the changing role of the Foreign Enlistment Act in the context of 200 years of British domestic and foreign policy, illustrating how this domestic legislation shaped the understanding of concepts in international law.     

The ‘Linchpin for Success’? The problematic establishment of the 1965 Race Relations Act and its Conciliation Board

The 1965 Race Relations Act was the first legislation directed towards outlawing racial discrimination and racial incitement in Britain; but it has been almost universally criticised as weak, narrow and ineffectual. This article focuses on an area not adequately discussed in the existing literature—the debate about, and impact of, replacing initial criminal sanctions with American-styled conciliation and civil remedies, and subsequent creation of conciliation machinery. It argues that the protracted process of forming this Board had a greater impact upon the Act’s success than has been previously acknowledged, as it demonstrated the bipartite lack of desire to address the politically unpopular issue of race and immigration, thus creating further disillusionment towards the British state. Rather than being the ‘last step’ in such legislation, as desired by many at the time, its weaknesses and limitations stimulated criticism and increased political action, leading to subsequent broader legislation in future years.     

Making Headlines in a State of Emergency: The Case of the Times of Cyprus, 1955–1960

The final years of British rule in Cyprus were marked by the colonial government’s use of authoritarian measures to impose control over the local press. The most problematic publication during the 1955–60 period was the Times of Cyprus, an English-language newspaper edited and owned by experienced British journalist Charles Foley. This article examines the fraught relationship between Foley’s newspaper and the colonial government against a backdrop of social instability and political violence. In particular, it focuses on the role the newspaper played as a conduit of information between Cyprus and Britain, conveying the experience of colonial rule to influential readers in London and reporting British support for self-determination to a Cypriot reading public. This ability to undermine official control over the flow of intelligence between the colonial periphery and its metropolitan centre unsettled the British administration, leading to repeated but ultimately unsuccessful efforts to proscribe the newspaper.     

Colonial Rule,Cultural Relations and the British Council in Cyprus, 1935–55

ABSTRACT

This article offers an examination of the British Council’s early stages of expansion in Cyprus under British rule, from 1935 to 1955, before the start of the Greek Cypriot anti-colonial struggle (1955–59). It argues that the British Council’s development and quality of activities in the British colony were affected by various factors such as the peculiar political difficulties encountered in the island due to the rise of Greek nationalism and the growing influence of the Church of Cyprus over the local public; the mismanagement of the local British Institutes by some of the Council’s representatives; and the financial stringencies hindering the Council’s ambitions. Through the investigation of primary material, accessed at the Cyprus State Archive in Nicosia (Cyprus) and at the National Archives in London (UK), the article traces and critically analyses for the first time the Council’s early steps in colonial cultural policy-making, using Cyprus as a case study. During the 20-year period under examination, British experiments in culture attempted to attract the Cypriots’ interest and convince them of the importance of the British connection. The British and colonial governments envisaged that through cultural influence they could safeguard the consent of the governed. In this way, British presence in Cyprus could be retained and Britain would be able to protect its strategic, political and economic interests in the region. However, research reveals that the Council’s efforts in the colony were more often than not misguided, its activities proving ineffective, its hopes misplaced. Although the aspiration was that the British Council should be a powerful instrument of Britain’s foreign policy in the colonies, this article shows that in Cyprus it had a tumultuous childhood. Caught up in the realities of the Second World War, the rise of nationalism, the thread of communism, and amid the climate of Cold War, the British Empire was coming at an end, while the British Council was fighting to survive.     

Brown Britain: post‐colonial politics and grand strategy

How do we approach the subject of British grand strategy today? This article seeks a new approach to this question. It argues that there is a gap of grand strategic significance between actually‐existing Britain and the Britain its political elites tend to imagine. The colonial and imperial histories that helped constitute and still shape the contemporary United Kingdom have fallen through this gap. One consequence is a grand strategic vision limited to a choice of partner in decline—Europe or the US. Overlooked are the power political potentialities of post‐colonial generations situated in multiple sites at home and abroad. In search of this potential, we lay the conceptual basis for a strategic project in which the British ‘island subject’ is replaced by a globally networked community of fate: ‘Brown Britain’. This entails reimagining the referent object of British strategy through diaspora economies, diverse histories and pluralized systems of agency. What might such a post‐colonial strategy entail for British policy? We offer initial thoughts and reflect on the often occluded social and political theoretic content of strategic thought.     

A transnational history of immigration restriction: Natal and New South Wales, 1896–97

This article investigates the creation of Natal's 1897 Immigration Restriction Act and traces the legislative connections between southern Africa and Australia. It describes Natal's anti-Indian agitation of 1896–97 and argues that the colony's government initially sought to solve the ‘Asiatic question’ by adopting a racial immigration bill passed in New South Wales in 1896. However, the threat of violent extra-legal action by white settlers convinced the Natal government to replace this bill with one that made no direct reference to race. Natal ministers realised that racial legislation would face constitutional obstacles and were anxious to enact a restrictive immigration law without delay. The new Act was partly modelled on American immigration legislation and, though not explicit on race, its educational test was primarily designed to restrict Indian immigration. The Natal law was in turn used as the basis for Australian immigration legislation. Given these transnational connections, Natal's response to the ‘Indian question’ should be placed in a global context.     

Model migrants?: Sikh activism and race relations organisations in Britain

Race relations organisations in Britain hailed Sikhs as models of peaceful integration during volatile political debates about the immigration of Commonwealth peoples during the 1960s and early 1970s. But Sikh campaigns to protect the sanctity of turban-wearing challenged this symbiotic relationship. This article explores how motorcycle helmet laws provoked a campaign to protect the Sikh turban and allowed diasporic Sikhs to articulate their concerns about British integration and race relations expertise during the mid-1970s. Sikh campaigners linked restrictions on turban-wearing to concerns about race relations legislation, equal employment policy, and their rights as British residents. In assessing the fluctuating relationship between Sikh activists and race relations authorities, it reveals the fractures in pluralist integrationist ideologies that continued to prioritise British cultural authority. The evidence here also demonstrates that this moment provided British Sikh communities with an unprecedented opportunity for national solidarity and diasporic community-building.