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Chapter 3 focuses on the social property relations of each case building on the Political Marxist tradition and by engaging with international legal history. This chapter presents the major institutions, actors, and jurisdictional disputes that provide bases to understand, first, the local specificities of the Castilian kingdom and its American colonies, emphasising the broader Iberian fragmented assemblage and the role of theologians in the particular politico-religious form of empire linked to principles of morality and law. In France, the focus is on Louis XIV and his ministers trying to contain the various jurisdictional regimes and conceptions of space, as well as legal actors and orders. The role of England’s social property relations is discussed in relation to the common law and to enclosures in primitive accumulation and the transition to capitalism. Finally, the Dutch Republic highlights the problem of transition and the specific jurisdictional context of its confederation, as well as the role of merchants and magistrates in shaping its politics. The chapter describes practices that could be considered as extensions rather than transports or transplants of authority.
Chapter 2 discusses historical sociology as the framework adopted to develop a new approach to early modern jurisdictions. The project aims to enrich diplomatic history's institutional and cultural paradigm through a more productive engagement with new legal histories of extraterritoriality and historical materialist approaches. Debates regarding Eurocentrism and how to conceptualise imperial agency in historical sociology are discussed, and an outward methodological internalism is proposed as required by the research problem posed in Chapter 1, namely the problem of narrow and linear sources of the means of imperial expansions of authority such as ambassadorial immunities. To frame this methodology, the commodity form theory of law is discussed as a powerful but overly structural approach to processes of expansion that conflates mercantilism and capitalism. In response, the methodology is framed instead by Political Marxism, as a more agency-based and historicist approach to international history, that relies on the concept of social property relations.
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