International Law and Legal Pluralism, British Style
In 2008, the then Archbishop of Canterbury Dr. Rowan Williams courted controversy. He stated that recognition of certain aspects of Islamic law, Shari‘a, was essential for Britain in the interest of community cohesion. ‘As a matter of fact’, he said, ‘certain provisions of sharia are already recognised in our society and under our law’. The erudite archbishop was referring primarily to religious principles being valid bases for conscientious objections, and alternative marital dispute resolution methods. But had he chosen to use historical material, Dr. Williams would have had far more to go on.
And that is where my new digital archive project would have come in most handy to the archbishop. Shari‘a – alongside Hindu, Buddhist, Chinese, Jewish, and African customary laws – has indeed been part of the British legal system for a very long time. It has been administered by the final court of appeal for the British Empire, the Judicial Committee of the Privy Council. This tribunal, which sat in London, was originally an expression of royal prerogative. Then, in 1833, it was given its modern form. Between then and 1998, it has heard around 9,000 appeals from all over the British Empire. Continue reading “New Digital Resource: The British Empire’s Judicial Committee of the Privy Council”