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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 seem to have done so earlier or in more pronounced ways than the Parsis.
Bella's Case
This dissertation explores the ways in which the ethnic identity of South Asia's Parsis was forged through litigation in the British colonial courts. The Parsis were Zoroastrians who fled to India after the seventh-century conquest of Persia by Arab Muslims. Under British rule, they became an elite of intermediary traders and professionals. Around 1900, a series of lawsuits erupted on the admission of ethnic outsiders into the Parsi community through intermarriage, conversion, and adoption. This dissertation is a study of the most extensive of these cases, the Privy Council appeal of Saklat v Bella (1914-25). The case erupted when an Indian orphan named Bella was adopted by Parsis in Rangoon...
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."
Global Forensic Cultures
Carrier, Simon A. Cole, Christopher Hamlin, Jeffrey Jentzen, Projit Bihari Mukharji, Quentin (Trais) Pearson, Mitra Sharafi, Gagan Preet Singh, Heather Wolffram
The Wiley Blackwell Companion to Zoroastrianism
This is the first ever comprehensive English-language survey of Zoroastrianism, one of the oldest living religions Evenly divided into five thematic sections beginning with an introduction to Zoroaster/Zarathustra and concluding with the intersections of Zoroastrianism and other religions Reflects the global nature of Zoroastrian studies with contributions from 34 international authorities from 10 countries Presents Zoroastrianism as a cluster of dynamic historical and contextualized phenomena, reflecting the current trend to move away from textual essentialism in the study of religion
The Truth Machines
"Using case studies and the results of extensive fieldwork, this book considers the nature of state power and legal violence in liberal democracies by focusing on the interaction between law, science, and policing in India. The postcolonial Indian police have often been accused of using torture in both routine and exceptional criminal cases, but they, and forensic psychologists, have claimed that lie detectors, brain scans, and narcoanalysis (the use of "truth serum," Sodium Pentothal) represent a paradigm shift away from physical torture; most state high courts in India have upheld this rationale. The Truth Machines examines the emergence and use of these three scientific techniques to anal...
Nation and Family
The distinct personal laws that govern the major religious groups are a major aspect of Indian multiculturalism and secularism, and support specific gendered rights in family life. Nation and Family is the most comprehensive study to date of the public discourses, processes of social mobilization, legislation and case law that formed India's three major personal law systems, which govern Hindus, Muslims, and Christians. It for the first time systematically compares Indian experiences to those in a wide range of other countries that inherited personal laws specific to religious group, sect, or ethnic group. The book shows why India's postcolonial policy-makers changed the personal laws they i...
Divided Rule
After invading Tunisia in 1881, the French installed a protectorate in which they shared power with the Tunisian ruling dynasty and, due to the dynastyÕs treaties with other European powers, with some of their imperial rivals. This ÒindirectÓ form of colonization was intended to prevent the violent clashes marking FranceÕs outright annexation of neighboring Algeria. But as Mary Dewhurst Lewis shows in Divided Rule, FranceÕs method of governance in Tunisia actually created a whole new set of conflicts. In one of the most dynamic crossroads of the Mediterranean world, residents of TunisiaÑ whether Muslim, Jewish, or ChristianÑnavigated through the competing power structures to further t...
Opposing the Rule of Law
A striking new analysis of Myanmar's court system, revealing how the rule of law is 'lexically present but semantically absent'.
Slandering the Sacred
"Although blasphemy is as old as religion itself, its history has begun a new chapter in recent years. Slanders of the sacred are everywhere, as in the highly visible Charlie Hebdo case, with "religion" sometimes appearing as little more than a membrane for giving and receiving offense. Where some explain the contemporary preoccupation with blasphemy by pointing to the interconnectedness of twenty-first-century media, J. Barton Scott argues that we need to look deeper into the past at the colonial-era infrastructures that continue to shape our globalized world. Slandering the Sacred examines one such powerful and widely influential legal infrastructure: Section 295A of the Indian Penal Code....
