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Author: Bijay Kisor Acharyya
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 456
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Book Description
Author: Bijay Kisor Acharyya
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 456
Get Book Here
Book Description
Author: Elizabeth Kolsky
Publisher: Cambridge University Press
ISBN: 9780521116862
Category : History
Languages : en
Pages : 266
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Book Description
Colonial Justice in British India describes and examines the lesser-known history of white violence in colonial India. By foregrounding crimes committed by a mostly forgotten cast of European characters - planters, paupers, soldiers and sailors - Elizabeth Kolsky argues that violence was not an exceptional but an ordinary part of British rule in the subcontinent. Despite the pledge of equality, colonial legislation and the practices of white judges, juries and police placed most Europeans above the law, literally allowing them to get away with murder. The failure to control these unruly whites revealed how the weight of race and the imperatives of command imbalanced the scales of colonial justice. In a powerful account of this period, Kolsky reveals a new perspective on the British Empire in India, highlighting the disquieting violence that invariably accompanied imperial forms of power.
Author: Bernard S. Cohn
Publisher: Princeton University Press
ISBN: 1400844320
Category : History
Languages : en
Pages : 212
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Book Description
Bernard Cohn's interest in the construction of Empire as an intellectual and cultural phenomenon has set the agenda for the academic study of modern Indian culture for over two decades. His earlier publications have shown how dramatic British innovations in India, including revenue and legal systems, led to fundamental structural changes in Indian social relations. This collection of his writings in the last fifteen years discusses areas in which the colonial impact has generally been overlooked. The essays form a multifaceted exploration of the ways in which the British discovery, collection, and codification of information about Indian society contributed to colonial cultural hegemony and political control. Cohn argues that the British Orientalists' study of Indian languages was important to the colonial project of control and command. He also asserts that an arena of colonial power that seemed most benign and most susceptible to indigenous influences--mostly law--in fact became responsible for the institutional reactivation of peculiarly British notions about how to regulate a colonial society made up of "others." He shows how the very Orientalist imagination that led to brilliant antiquarian collections, archaeological finds, and photographic forays were in fact forms of constructing an India that could be better packaged, inferiorized, and ruled. A final essay on cloth suggests how clothes have been part of the history of both colonialism and anticolonialism.
Author: Barry Wright
Publisher: Routledge
ISBN: 1317164865
Category : Law
Languages : en
Pages : 396
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Book Description
Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.
Author: Nasser Hussain
Publisher: University of Michigan Press
ISBN: 0472037536
Category : History
Languages : en
Pages : 211
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Book Description
The Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence on a regime of conquest. Nasser Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality. The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.
Author: Madhav Khosla
Publisher: Harvard University Press
ISBN: 0674980875
Category : Political Science
Languages : en
Pages : 241
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Book Description
An Economist Best Book of the Year How India’s Constitution came into being and instituted democracy after independence from British rule. Britain’s justification for colonial rule in India stressed the impossibility of Indian self-government. And the empire did its best to ensure this was the case, impoverishing Indian subjects and doing little to improve their socioeconomic reality. So when independence came, the cultivation of democratic citizenship was a foremost challenge. Madhav Khosla explores the means India’s founders used to foster a democratic ethos. They knew the people would need to learn ways of citizenship, but the path to education did not lie in rule by a superior class of men, as the British insisted. Rather, it rested on the creation of a self-sustaining politics. The makers of the Indian Constitution instituted universal suffrage amid poverty, illiteracy, social heterogeneity, and centuries of tradition. They crafted a constitutional system that could respond to the problem of democratization under the most inhospitable conditions. On January 26, 1950, the Indian Constitution—the longest in the world—came into effect. More than half of the world’s constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late eighteenth century, these contemporary revolutions have occurred in countries characterized by low levels of economic growth and education, where voting populations are deeply divided by race, religion, and ethnicity. And these countries have democratized at once, not gradually. The events and ideas of India’s Founding Moment offer a natural reference point for these nations where democracy and constitutionalism have arrived simultaneously, and they remind us of the promise and challenge of self-rule today.
Author: Rachel Sturman
Publisher: Cambridge University Press
ISBN: 1107378567
Category : History
Languages : en
Pages : 311
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Book Description
From the early days of colonial rule in India, the British established a two-tier system of legal administration. Matters deemed secular were subject to British legal norms, while suits relating to the family were adjudicated according to Hindu or Muslim law, known as personal law. This important new study analyses the system of personal law in colonial India through a re-examination of women's rights. Focusing on Hindu law in western India, it challenges existing scholarship, showing how - far from being a system based on traditional values - Hindu law was developed around ideas of liberalism, and that this framework encouraged questions about equality, women's rights, the significance of bodily difference, and more broadly the relationship between state and society. Rich in archival sources, wide-ranging and theoretically informed, this book illuminates how personal law came to function as an organising principle of colonial governance and of nationalist political imaginations.
Author: Thomas Simpson
Publisher: Cambridge University Press
ISBN: 1108840191
Category : History
Languages : en
Pages : 315
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Book Description
An innovative account of how distinctive forms of colonial power and knowledge developed at the territorial fringes of British India. Thomas Simpson considers the role of frontier officials as surveyors, cartographers and ethnographers, military violence in frontier regions and the impact of the frontier experience on colonial administration.
Author: Lata Mani
Publisher: Univ of California Press
ISBN: 0520921151
Category : Social Science
Languages : en
Pages : 260
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Book Description
Contentious Traditions analyzes the debate on sati, or widow burning, in colonial India. Though the prohibition of widow burning in 1829 was heralded as a key step forward for women's emancipation in modern India, Lata Mani argues that the women who were burned were marginal to the debate and that the controversy was over definitions of Hindu tradition, the place of ritual in religious worship, the civilizing missions of colonialism and evangelism, and the proper role of the colonial state. Mani radically revises colonialist as well as nationalist historiography on the social reform of women's status in the colonial period and clarifies the complex and contradictory character of missionary writings on India. The history of widow burning is one of paradox. While the chief players in the debate argued over the religious basis of sati and the fine points of scriptural interpretation, the testimonials of women at the funeral pyres consistently addressed the material hardships and societal expectations attached to widowhood. And although historiography has traditionally emphasized the colonial horror of sati, a fascinated ambivalence toward the practice suffused official discussions. The debate normalized the violence of sati and supported the misconception that it was a voluntary act of wifely devotion. Mani brilliantly illustrates how situated feminism and discourse analysis compel a rewriting of history, thus destabilizing the ways we are accustomed to look at women and men, at "tradition," custom, and modernity.
Author: Deana Heath
Publisher: Oxford University Press
ISBN: 0192646168
Category : History
Languages : en
Pages : 256
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Book Description
Focusing on India between the early nineteenth century and the First World War, Colonial Terror explores the centrality of the torture of Indian bodies to the law-preserving violence of colonial rule and some of the ways in which extraordinary violence was embedded in the ordinary operation of colonial states. Although enacted largely by Indians on Indian bodies, particularly by subaltern members of the police, the book argues that torture was facilitated, systematized, and ultimately sanctioned by first the East India Company and then the Raj because it benefitted the colonial regime, since rendering the police a source of terror played a key role in the construction and maitenance of state sovereignty. Drawing upon the work of both Giorgio Agamben and Michel Foucault, Colonial Terror contends, furthermore, that it is only possible to understand the terrorizing nature of the colonial police in India by viewing colonial India as a 'regime of exception' in which two different forms of exceptionality were in operation - one wrought through the exclusion of particular groups or segments of the Indian population from the law and the other by petty sovereigns in their enactment of illegal violence in the operation of the law. It was in such fertile ground, in which colonial subjects were both included within the domain of colonial law while also being abandoned by it, that torture was able to flourish.
