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Law and Identity in Colonial South Asia
This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.
Bella's Case
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Law and Identity in Colonial South Asia
This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India s independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis."
Strangers in the Family
In Strangers in the Family, Guo-Quan Seng provides a gendered history of settler Chinese community formation in Indonesia during the Dutch colonial period (1816–1942). At the heart of this story lies the creolization of patrilineal Confucian marital and familial norms to the colonial legal, moral, and sexual conditions of urban Java. Departing from male-centered narratives of Ooverseas Chinese communities, Strangers in the Family tells the history of community- formation from the perspective of women who were subordinate to, and alienated from, full Chinese selfhood. From native concubines and mothers, creole Chinese daughters, and wives and matriarchs, to the first generation of colonial-educated feminists, Seng showcases women's moral agency as they negotiated, manipulated, and debated men in positions of authority over their rights in marriage formation and dissolution. In dialogue with critical studies of colonial Eurasian intimacies, this book explores Asian-centered inter-ethnic patterns of intimate encounters. It shows how contestations over women's place in marriage and in society were formative of a Chinese racial identity in colonial Indonesia.
The Myth of Judicial Independence
Through an examination of the history of the rules that regulate police interrogation (the Judges' Rules) in conjunction with plea bargaining and the Criminal Procedure Rules, this book explores the 'Westminster Model' under which three arms of the State (parliament, the executive, and the judiciary) operate independently of one another. It reveals how policy was framed in secret meetings with the executive which then actively misled parliament in contradiction to its ostensible formal relationship with the legislature. This analysis of Home Office archives shows how the worldwide significance of the Judges' Rules was secured not simply by the standing of the English judiciary and the politi...
The Making of Indian Secularism
A unique study of how a deeply religious country like India acquired the laws and policies of a secular state, highlighting the contradictory effects of British imperial policies, the complex role played by Indian Christians, and how this highly divided community shaped its own identity and debated that of their new nation.
