Chapter

Colonial Transplants

Michael D Birnhack

in Colonial Copyright

Published in print October 2012 | ISBN: 9780199661138
Published online January 2013 | e-ISBN: 9780191746147 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199661138.003.0002
Colonial Transplants

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This chapter explains two of the building blocks of colonial copyright: legal transplants and colonial law. The discussion of the former provides a critical analysis of the literature on the topic. The discussion of the latter, focuses on the role of the concept of ‘rule of law’, and on the division of legislative labour between the Empire and its different kinds of colonies, including mandates. The intersection of the legal transplants and colonial law provides a general model for studying colonial law, and provides the concrete guideline for the sequence of the discussion throughout the book, along the timeline of the legal transplant. The chapter further explains the methodology used in the book, of a back-and-forth examination of the colonial and the local, i.e. studying both the central authority (the London Colonial Office policies, in this case), and the local activities, within each colony.

Keywords: legal transplants; colonial transplants; rule of law; colonial law; kinds of colonies; Mandate; methodology

Chapter.  9703 words.  Illustrated.

Subjects: History of Law

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