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Writing Law, Making a “Nation”: History, Modernity, and Paradoxes of Self-Rule in the British Virgin Islands

Published online by Cambridge University Press:  02 April 2024

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Abstract

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Law has become a key signifier in British Virgin Islander nationalist discourse. British Virgin Islanders cast law as central to their identity as a people and celebrate the self-authoring of law. At the same time law writing has fostered continued colonial rule and subordination to the global market. The International Business Companies Ordinance, hailed as the BVI's first truly self-authored law, produced a marketable identity for the territory in the world of international finance, yet led to increased surveillance by metropolitan powers and contributed to the deferral of political sovereignty. This article considers the role of law in modern narratives of national uniqueness. It explores the paradox that modern law, with its accompanying rhetoric of progress, its formations of history, and its construction of “national” selves, is central to the cultural politics of difference, yet is also central to the processes of capitalist integration that both deny and demand difference.

Type
Articles
Copyright
Copyright © 1995 by The Law and Society Association

Footnotes

This research has been supported by grants from the National Science Foundation (SES-9208273) and the MacArthur Foundation through the Center for International Security and Arms Control, Stanford University. I thank Ruth Buchannan, George Collier, Eve Darian-Smith, Mindie Lazarus-Black, Saba Mahmood, Diane Nelson, Joel Streicker, and Liliana Suarez-Navaz, all of whom read and commented on earlier versions. Special thanks are due to Jane Collier and David Engel, who patiently reviewed the drafts and the project it grew from and offered generous support and encouragement throughout. Thanks are due, too, to the Law & Society Review's anonymous reviewers. All errors and inconsistencies that remain are solely the author's responsibility.

References

References

Chatterjee, Partha (1986) Nationalist Thought and the Colonial World: A Derivative Discourse? London: Zed.Google Scholar
Chatterjee, Partha (1993) The Nation and Its Fragments. Princeton, NJ: Princeton Univ. Press.Google Scholar
Cohen, Colleen Ballerino, & Mascia-Lees, Frances E. (1993) “The British Virgin Islands as Nation and Desti-Nation: Representing and Siting Identity in a Post-Colonial Caribbean,” 33 Social Analysis 130.Google Scholar
Comaroff, John L. (1989) “Images of Empire, Contests of Conscience: Models of Colonial Domination in South Africa,” 16 American Ethnologist 661.Google Scholar
Coombe, Rosemary (1993) “Cultural and Intellectual Properties: Occupying the Colonial Imagination,” 16(1) PoLAR: Political & Legal Anthropology Rev. 8.Google Scholar
Deverell, Sir Colville, & da Costa, Harvey L. (1974) British Virgin Islands: Proposals for Constitutional Advance. London: HMSO.Google Scholar
Dezalay, Yves (1993) “Multinationales de l'expertise et ‘Deperissement de l'Etat,‘” 96/97 Actes de la Recherche en Sciences Sociales 3.Google Scholar
Dookhan, Isaac (1975) A History of the British Virgin Islands, 1672–1970. Epping, Eng.: Caribbean Univ. Press.Google Scholar
Euromoney (1989) “British Virgin Islands: A New Force Emerges,” Euromoney Special Supp., pp. 4753 (May).Google Scholar
Fitzpatrick, Peter (1987) “Racism and the Innocence of Law,” in Fitzpatrick, P. & Hunt, A., eds., Critical Legal Studies. Oxford: Basil Blackwell.Google Scholar
Fitzpatrick, Peter (1992) The Mythology of Modern Law. London: Routledge.10.4324/9780203308943CrossRefGoogle Scholar
Foucault, Michel (1975) The Birth of the Clinic. New York: Vintage Books.Google Scholar
Foucault, Michel (1979) “What Is an Author?” in Harari, J. V., ed., Textual Strategies: Perspectives in Post-Structuralist Criticism. Ithaca, NY: Cornell Univ. Press.Google Scholar
Friedland, Jonathan (1992) “How To Be Inscrutable: Offshore Financial Institutions Scramble to Manage Asia's Private Wealth,” Far Eastern Economic Rev., pp. 2930 (5 March).Google Scholar
Gagnier, Regenia (1991) Subjectivities: A History of Self-Representation in Britain, 1832–1920. New York: Oxford Univ. Press.CrossRefGoogle Scholar
Gallagher, Rodney (1990) Report of Mr Rodney Gallagher of Coopers and Lybrand on the Survey of Offshore Finance Sectors in the Caribbean Dependent Territories. London: HMSO.Google Scholar
Ginsberg, Anthony (1991) Tax Havens. New York: New York Institute of Finance.Google Scholar
Handler, Richard (1991) “Who Owns The Past? History, Cultural Property, and the Logic of Possessive Individualism,” in Williams, B., ed., The Politics of Culture. Washington, DC: Smithsonian Institution Press.Google Scholar
Harrigan, Norwell, & Varlack, Pearl (1975) The Virgin Islands Story. Epping, Eng.: Caribbean Univ. Press.Google Scholar
Lohr, Steve (1992) “Where the Money Washes Up,” New York Times Magazine, pp. 2732, 46, 52 (29 March).Google Scholar
Macpherson, C. B. (1962) The Political Theory of Possessive Individualism: Hobbes to Locke. Oxford: Clarendon Press.Google Scholar
Mani, Lata (1987) “Contentious Traditions: The Debate on Sati in Colonial India,” 7 Cultural Critique 119.Google Scholar
Maurer, Bill (1993) “‘Belonging,‘ Citizenship, and Flexible Specialization in a Caribbean Tax Haven (British Virgin Islands),” 16(3) PoLAR: Political & Legal Anthropology Rev. 9.Google Scholar
Maurer, Bill (1994) “Recharting the Caribbean: Land, Law and Citizenship in the British Virgin Islands.” Ph.D. diss., Dept. of Anthropology, Stanford Univ.Google Scholar
Maurer, Bill (1995) “The Land, the Law and Legitimate Children: Thinking through Gender, Kinship and Nation in the British Virgin Islands,” in M.J. Maynes et al., Gender, Kinship, Power: A Comparative and Interdisciplinary History. New York: Routledge.Google Scholar
McGlynn, Frank (1980) “Marginality and Flux: An Afro-Caribbean Community Through Two Centuries.” Ph.D. diss., Univ. of Pittsburgh.Google Scholar
Meyers, Jeffrey A. (1993a) “IBC Numbers Growing Fast,” BVI Beacon, p. 8 (8 April).Google Scholar
Meyers, Jeffrey A. (1993b) “Financial Services Driving Economy,” BVI Beacon, pp. 1, 8 (8 April).Google Scholar
Meyers, Jeffrey A. (1993c) “Stoutt: BVI Still Rejects Board,” BVI Beacon, pp. 1, 3, 12 (21 Jan.).Google Scholar
Morris, Meaghan (1990) “Metamorphoses at Sydney Tower,” 11 New Formations 5.Google Scholar
Nelson, Diane (1995) “Crucifixion Stories, the 1869 Caste War of Chiapas, and Negative Consciousness: A Disruptive Subaltern Study,” American Ethnologist (forthcoming).Google Scholar
O'Neal, Michael (1983) “British Virgin Islands Transformations: Anthropological Perspectives.” Ph.D. diss., Union Graduate School.Google Scholar
O'Neal, Michael, & Maurer, Bill (1992) “The Socioeconomic Context,” in Challenge and Change: The Awakening of a People, British Virgin Islands. Road Town: Government of the British Virgin Islands.Google Scholar
Proudfoot, Mary (1965) British Virgin Islands: Report of the Constitutional Commissioner—1965. London: HMSO.Google Scholar
Rhymer, Elihu (1992) “Political Development of the British Virgin Islands over the Past 25 Years,” in Challenge and Change: The Awakening of a People, British Virgin Islands. Road Town: Government of the British Virgin Islands.Google Scholar
Romney, Cyril B. (1992) “Evolution of the Ministerial System: The Quest for Greater Autonomy,” in Challenge and Change: The Awakening of a People, British Virgin Islands. Road Town: Government of the British Virgin Islands.Google Scholar
Smith, Orlando, & Frett-Georges, Rita (1992) “Review of Developments in Health during the Past 25 Years,” in Challenge and Change: The Awakening of a People, British Virgin Islands. Road Town: Government of the British Virgin Islands.Google Scholar
Spivak, Gayatri C. (1988) “Can the Subaltern Speak?” in Nelson, C. & Grossberg, L., eds., Marxism and the Interpretation of Culture, Urbana: Univ. of Illinois Press.Google Scholar
Vertovec, Steven (1992) Hindu Trinidad: Religion, Ethnicity and Socio-economic Change. London: Macmillan Caribbean.Google Scholar
Williams, Brackette F. (1991) Stains on My Name, War in My Veins: Guyana and the Politics of Cultural Struggle. Durham, NC: Duke Univ. Press.Google Scholar
Williams, Brackette F. (1993) “The Impact of the Precepts of Nationalism on the Concept of Culture: Making Grasshoppers of Naked Apes,” 24 Cultural Critique 143.Google Scholar
Williams, Eric (1962) History of the People of Trinidad and Tobago. New York: Frederick A. Praeger.Google Scholar

Archival Materials

British Virgin Islands Development Planning Unit (1992) “Population by Country of Birth, 1991 Population Census.” Road Town: Government of the British Virgin Islands, Development Planning Unit, Statistics Office.Google Scholar
British Virgin Islands Legislative Council (1992) “BVI Recurrent Budget Estimates of Revenue and Expenditure, 1992.” Road Town: Legislative Council of the British Virgin Islands.Google Scholar
Minutes and Reports of the Debates of the Legislative Council of the British Virgin Islands: 3/13/57; 4/21/77; 1/26/78; 2/23/78; 4/13/78; 12/7/78; 6/28/85; 8/31/90; 9/10/90. On file with British Virgin Islands Public Library, Caribbean Studies Unit, Road Town, BVI (cited as “Minutes” with date).Google Scholar

Statutes

Banks and Trust Companies Act (No. 9 of 1990).Google Scholar
Company Management Act (No. 8 of 1990).Google Scholar
Constitution Act of 1837.Google Scholar
Constitutional Amendment Act of 1854.Google Scholar
Insurance Business (Special Provisions) Act (No. 1 of 1991).Google Scholar
International Business Companies Ordinance of 1984.Google Scholar
Land Development (Control) (Amendment) Ordinance 1978.Google Scholar
Mutual Legal Assistance (United States of America) Act (No. 5 of 1990).Google Scholar
Obeah Act of 1917.Google Scholar
Summary Jurisdiction Act (Amendment) Ordinance 1977.Google Scholar
Virgin Islands Constitution Act of 1950.Google Scholar