This study considers how fundamental shifts in the relationship between religion, community, and public life are reflected in the archaeological record of four excavation sites in the Amana Colonies—a former school (1870-present), a church (1865-present), a domestic outhouse (1860s-present), and a remote farmstead (1860s-1890s). The Colonies are a collection of seven villages founded and settled by German pietists in the mid-nineteenth century. In 1932 this community voluntarily abandoned the religiously-led communal lifestyle that it had practiced in Iowa for 76 years—a fundamental alteration in community structure that became known as the Great Change. This study was initially formulated to examine material culture—specifically privy refuse—from before and after the Great Change with an eye toward identifying shifts in the kinds, amounts, or origins of material goods used and discarded by Amana citizens. Though the original questions posed by the study could not be fully addressed with the data available, the sampled sites did offer several insights into the ways that the Amana citizens used space and material culture before and after the communal period. Artifacts collected at a domestic outhouse suggest that the structure had been re-purposed for use in the disposal of food preparation waste after the Great Change. A comparison of artifact densities between the sites indicated a high intensity of use of the grounds of the church, likely reflective of the community’s organization around religious identity. Finally, an analysis of the relative frequency of three types of artifacts found in quantity at all sites (metal, glass, and ceramic) led to the conclusion that the remote farmstead likely reflects a lifeway outside the Amana norm, and may suggest the ways in which Amana material usage was shaped by communal living.

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In 2015, South Africa withdrew from the International Criminal Court asserting United Nation’s Security Council bias in referring only African cases (Strydom October 15, 2015; Duggard 2013) and the United Kingdom reiterated a pledge to withdraw from the European Court of Human Rights, asserting that the court impinges on British sovereignty (Watt 2015). Both are examples of extraterritorial courts which are an important part of regional and global jurisprudence. To contribute to our understanding of the relationship between states and extraterritorial courts, I examine arguably the first and best example of an extraterritorial court, namely the Judicial Committee of the Privy Council (JCPC). Drawing on 50 British Commonwealth states, this dissertation explores the factors influencing the decision to accede to an extraterritorial court and why some states subsequently opt to sever ties. I build on Dahl’s theory (1957) that the nation’s highest court interacts with the governing coalition and, for the most part, serves as an ally and uphold its policies. I argue that that governing coalition wants the final appellate court that they most expect to be an ally and extend this expectation to extraterritorial courts. As a result, the governing coalition looks at the court more critically. States may change or abolish the jurisdiction of the court if it undermines or seems likely to undermine state policy. Examining this phenomenon across the British Commonwealth provides comparative insights into how governing coalitions may view extraterritorial courts.

This thesis was undertaken with the intention of filling four serious gaps in the vast amount of writing that has been done on the interpretation of the British North America Act by the Judicial Committee of the Privy Council. First of all, an effort has been made to examine all the decisions handed down by the Board, then to analyse these decisions so as to obtain an understanding of the basic principles established, and lastly to summarise these principles into a coherent picture of the way in which the Constitution of Canada has been shaped, and of the manner In which Canadian constitutional problems of today must be viewed. Secondly, a similar attempt has been made regarding the arguments which the Judicial Committee's interpretation has produced, these arguments likewise being thoroughly examined, analysed into basic components, and summarised into a coherent pattern. Thirdly, one particular point of view, badly neglected in the past, has been given special attention. Finally, a great deal of emphasis has been placed on the bibliography, where the intention Is not only to bring together all the major references on this subject, but also to bring these references together in such a way as to Indicate their general character and relative importance. The body of the thesis is divided into seven chapters. Chapter I deals with governmental forms in general and the federal form in particular, the conclusion being reached that the distinguishing feature of a federation is a distribution of legislative powers between coordinate authorities. An analysis of the Judicial Committee's interpretation of Sections 91 and 92 of the British North America Act is then carried out in Chapter II; two fundamental problems are isolated--the problem of residuary powers and the problem of leaky compartments--and the Judicial Committee's solution to them is discovered in the "three-compartment scheme" and the "Aspect,” "Ancillary Powers," "Cooperation," and "Unoccupied Field" doctrines. Two problems requiring special solutions are examined in Chapter III, where it is found that Section 91, subsection 2 and Section 132 have both been severely restricted in scope. Chapter IV contains a legal or textual evaluation of the Judicial Committee's interpretation, and the opinion is given that if the concluding words of Section 91 are a poor support for the "three-compartment scheme," the introductory words prove that the Judicial Committee's interpretation is legally correct. Three different historical arguments are looked into next, after which Chapter V concludes with a negative answer to the question underlying these arguments: has historical reasoning any connexion with statutory Interpretation in the first place? The purpose of Chapter VI being to determine the practical effects of the Judicial Committee's interpretation, an examination is made of the resulting difficulties; it is decided that before any change is contemplated the admittedly unfortunate consequences must be balanced against the necessity of maintaining Canadian unity—and hence of respecting the French-Canadian attitude regarding provincial autonomy. Finally, in Chapter VII a try is made at summarising the main points of the preceding chapters, and a number of recommendations are then offered with one eye on the present and the other on the future. The thesis concludes with an analytical bibliography and an appendix containing a copy of sections 91 and 92 of the British North America Act, 1867. / Arts, Faculty of / History, Department of / Graduate

This dissertation studies the office of the clerk of the Privy Council, including discussions of the office itself, and the nineteen men who held that office between its creation, in 1540, and 1603. The dual focus on the office and officers aims to provide greater understanding of both. Areas of study include the personal and professional backgrounds of the clerks, their careers, writings both political and personal, additional offices held and both social and financial concerns. This covers areas as diverse as knighthoods, land grants, election to the House of Commons, political treatises and university education. Additionally, the duties of the office, both standard and extraordinary, are discussed, as well as details regarding the creation and handling of the clerk’s primary concern, the Privy Council register. This includes details regarding signatures, meetings with ambassadors, examination of prisoners, Council meetings, salaries and fees, and attendance rotation. Ties between the clerks and clerkship and the Privy Council and its members are discussed throughout, as well as the role of patronage, education, foreign experience and personal motives. This study aims to provide a greater understanding of the clerks of the Privy Council and their office, knowing that one cannot be fully understood without the other.

The invasion by the Boers of Natal set a process in motion that changed the lives of Natal Afrikaners forever. As a group which shared family, cultural, and other ties with the invaders, but were British subjects by citizenship, they had to make a difficult decision: join the Republican forces or remain loyal to the crown. Factors which influenced this decision, amongst others, were the pre-war suspicion of all Natal Afrikaners by the Natal authorities and the prevalence of a general anti-Republican sentiment. Despite the above-mentioned, and the sympathy which existed for the plight of the Republics, very few Natal Afrikaners joined the commandos. Doing that would have meant economic annihilation. This the Natal Afrikaners understood and the majority remained neutral. Matters were complicated when the British Army and the colonial authorities withdrew south, leaving especially the Afrikaners of the Klip River county unprotected. When occupation did not convince the Afrikaners of the area to join, a well-thought out strategy based upon fear and misinformation, brought most into the fray. Duty on these commandoes was generally slack, subversive in nature, and as much as one can expect from people forced into military combat. A small group, however, managed, despite the pressures placed upon them, to remain loyal to Britain. For these loyalists the greatest rewards were in terms of economics and power. In stark contrasts were the economic experiences of the Natal Afrikaners who were somehow, either directly or indirectly, guilty of high treason. All their possessions were systematically looted or destroyed, leaving most of them in an impoverished state. Secondly, through a range of court cases 409 Natal Afrikaners or associated people were convicted of treason, mostly by the purposefully introduced Special Court and special magistrate. The outlined experiences coincided with victimization on socio-political and cultural levels under Martial Law. Afrikaners resident in the southern part of Natal, and especially in Umvoti county, did not suffer directly because of the war but experienced a different kind of war namely a pseudo war in which they were spied upon, viewed with suspicion and under Martial Law harassed. However, these Afrikaners managed to maintain some political power while economically they carried on as before the war. They attempted to use these assets to assist the Afrikaners who had to endure desertion by their own government and Boer occupation. Natal Afrikaners also experienced other aspects of the war normally associated with the Republics. Some were arrested as POWs, while others were deported to concentration camps within the Colony. Furthermore, as a result of the war, relations between Natal Afrikaners and English colonists and Africans suffered. The collective impact and legacy of the war, as well as the shared experiences of suffering under the British, with their Republican brothers and sisters, eventually helped to bring Natal Afrikaners into the broader Afrikaner fold. / Thesis (DPhil)--University of Pretoria, 2007. / Historical and Heritage Studies / unrestricted