Prize court politics and regional ordering in the Caribbean

IF 1.8 1区 历史学 Q1 HISTORY Past & Present Pub Date : 2024-10-30 DOI:10.1093/pastj/gtae027
Jeppe Mulich
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Abstract

This article analyzes the practices and politics of Caribbean prize courts at the turn of the nineteenth century, in order to better understand the dynamics of these peculiar legal institutions on the ground in one of the most volatile inter-imperial maritime spaces of the period. The focus is on the daily operation of the courts, the relationship between different regional courts (within and between empires), and, importantly, on their role within wider Caribbean networks. The article asks how knowledge about these courts was shared within the trans- imperial networks of the region. Court shopping was a common practice and claimants would often go out of their way to take captures or cases to specific courts, either within a single empire or even in a different imperial jurisdiction, but how did potential claimants come to be so familiar with the characteristics of individual administrations and magistrates? And how did they disseminate this information? The story of Caribbean prize courts is the story of order-making at different, sometimes clashing, levels. While the legal regime around prizes can be seen as an ordering mechanism for interactions between empires, the Caribbean saw its own order-building project driven less by decision-­makers in faraway metropoles and more by individual actors within the region, equally likely to exploit, support, or circumvent the legal mechanisms set up by officials. These regional groups were especially likely to act against the prize regime when it posed a challenge to the sanctity of their private property, be it goods or enslaved.
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加勒比地区的奖院政治和地区秩序
本文分析了十九世纪之交加勒比地区战利品法庭的实践和政治,以便更好地理解这些特殊的法律机构在当时最动荡的帝国间海洋空间中的动态。文章的重点是法院的日常运作、不同地区法院之间的关系(帝国内部和帝国之间),更重要的是,这些法院在更广泛的加勒比网络中的作用。文章探讨了有关这些法院的知识是如何在该地区的跨帝国网络中共享的。选择法院是一种常见的做法,索赔人往往会不辞辛苦地将捕获物或案件提交给特定的法院,这些法院可以是在一个帝国境内,甚至是在不同的帝国司法管辖区,但潜在的索赔人是如何如此熟悉各个行政机构和地方法官的特点的?他们又是如何传播这些信息的呢?加勒比地区奖赏法庭的故事就是在不同层面上,有时是相互冲突的层面上建立秩序的故事。尽管围绕奖品的法律制度可以被视为帝国间互动的一种秩序机制,但在加勒比地区,其自身的秩序建设项目与其说是由遥远大都市的决策者推动的,不如说是由区域内的个人行为者推动的,他们同样有可能利用、支持或规避官员建立的法律机制。当奖赏制度对其私有财产(无论是货物还是奴隶)的神圣性构成挑战时,这些地区团体尤其可能采取反对行动。
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来源期刊
Past & Present
Past & Present Multiple-
CiteScore
2.80
自引率
5.60%
发文量
49
期刊介绍: Founded in 1952, Past & Present is widely acknowledged to be the liveliest and most stimulating historical journal in the English-speaking world. The journal offers: •A wide variety of scholarly and original articles on historical, social and cultural change in all parts of the world. •Four issues a year, each containing five or six major articles plus occasional debates and review essays. •Challenging work by young historians as well as seminal articles by internationally regarded scholars. •A range of articles that appeal to specialists and non-specialists, and communicate the results of the most recent historical research in a readable and lively form. •A forum for debate, encouraging productive controversy.
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