‘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.     

From Democracy to Bureaucracy： The Baojia in Nationalist Thought and Practice, 1927-1949

In the 1939 New County Reforms, the Nationalist government made the baojia system the lowest level of self-government in the country. This decision was the result of more than ten years of discussion among Nationalist administrators and writers who were searching for a tutelary system to train the people in their political rights in preparation for constitutional rule. In the 1920s and 1930s, Nationalist writers claimed to be following Sun Zhongshan＇s （Sun Yat-sen） philosophy by reinventing the baojia as a form of democracy. Harkening back to a reimagined national past, they ＂discovered＂ that the imperial baojia was not a system of local control, but a traditional model of bureaucratically-designed local self-government. Nationalist writers dovetailed this new baojia with Sun Zhongshan＇s philosophy in order to rationalize its position as the foundation of the Three Principles of the People State. Once philosophically legitimized, Nationalist writers endorsed the baojia as a top-down bureaucratic system that would transform the political, social, and economic life of the country; it would become the core political unit of their state-making and nation-building projects. In so doing, the baojia came to represent the Nationalists＇ deeply-held belief in the power of human agency to create state institutions capable of entirely remaking society and transforming the nation.     

De Bow’s Revolution: The Memory of the American Revolution in the Politics of the Sectional Crisis, 1850–1861

In January 1861 editor James D.B. De Bow advocated the secession of southern states from the union as he proclaimed to his readers that white Southerners “are mainly the descendants of those who fought the battles of the Revolution, and who understand and appreciate the nature and inestimable value of the liberty which it brought.” While editors on both sides of the Sectional Crisis over slavery in the 1850s and 60s claimed to be “custodians of the legacy of 1776” as they used the American Revolution symbolically in their rhetoric. By focusing on De Bow’s Review, a widely read and influential journal during this fight, we can gain a better understanding of the specific terms by which Southerners were encouraged to think of themselves not as rebels but as guardians of “the true American character.”     

From Revolution to Dissolution: The Quai d'Orsay,the Banque Russo-Asiatique,and the Chinese Eastern Railway, 1917–1926

This article explores the use made of Christianity during the Second World War and the dilemmas created for the Allies by Stalin's religious record. It is particularly concerned with the way in which Christianity appeared for a while to become a bridge between East and West, with the explicit promise of continued post-war co-operation. However, in the immediate aftermath of the war, Anglo-American policies in particular switched from using Christianity to rehabilitate the adverse image of the Soviet regime to what had been the inter-war policy of using religion to demonise it. Inter-war demonisation held up the Soviet Union as a model not to be emulated. Post-war demonisation pointed to the Soviet Union as an expansionist threat bent on world domination. The article examines Stalin's responses, and Allied perceptions of those responses, to the changes in Western religious policy and propaganda from the Second World War to the emergence of the cold war. The article seeks to show how both sides used religion for political purposes, but that in the final analysis Western reluctance to relinquish what was perhaps its most emotive means of indicting and containing Communism meant that Christianity, instead of becoming a bridge, became a divisive factor that contributed to both the onset of the cold war and public acceptance of it.