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This volume deals with law-making as a cultural enterprise in which the colonial state had to draw upon existing normative codes of rank, status and gender, and re-order them to a new and more exclusive definition of the state's sovereign right.
Cultural expertise in the form of expert opinions formulated by social scientists appointed as experts in the legal process is not different from any other kind of expertise in court. In specialised fields of law, such as native land titles in America and in Australia, the appointment of social scientists as experts in court is a consolidated practice. This Special Issue focuses on the contemporary evolution and variation of cultural expertise as an emergent concept providing a conceptual umbrella for a variety of evolving practices, which all include use of the specialised knowledge of social sciences for the resolution of conflicts. It surveys the application of cultural expertise in the legal process with an unprecedented span of fields ranging from criminology and ethnopsychiatry to the recognition of the rights of autochthone minorities including linguistic expertise, and modern reformulation of cultural rights. In this Special Issue, the emphasis is on the development and change of culture-related expert witnessing over recent times, culture-related adjudication, and resolution of disputes, criminal litigation, and other kinds of court and out-of-court procedures. This Special Issue offers descriptions of judicial practices involving experts in local laws and customs and surveys of the most frequent fields of expert witnessing that are related with culture; interrogates who the experts are, their links with local communities, and also with the courts and the state power and politics; how cultural expert witnessing has been received by judges; how cultural expertise has developed across the sister disciplines of history and psychiatry; and eventually, it asks whether academic truth and legal truth are commensurable across time and space.
Police Matters moves beyond the city to examine the intertwined nature of police and caste in the Tamil countryside. Radha Kumar argues that the colonial police deployed rigid notions of caste in their everyday tasks, refashioning rural identities in a process that has cast long postcolonial shadows. Kumar draws on previously unexplored police archives to enter the dusty streets and market squares where local constables walked, following their gaze and observing their actions towards potential subversives. Station records present a textured view of ordinary interactions between police and society, showing that state coercion was not only exceptional and spectacular; it was also subtle and continuous, woven into everyday life. The colonial police categorized Indian subjects based on caste to ensure the security of agriculture and trade, and thus the smooth running of the economy. Among policemen and among the objects of their coercive gaze, caste became a particularly salient form of identity in the politics of public spaces. Police Matters demonstrates that, without doubt, modern caste politics have both been shaped by, and shaped, state policing. Thanks to generous funding from the Andrew W. Mellon Foundation, through The Sustainable History Monograph Pilot, the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.
The Indian village council, or panchayat, has long held an iconic place in India. Ironies of Colonial Governance traces the history of that ideal and the attempts to adapt it to colonial governance. Beginning with an in-depth analysis of British attempts to introduce a system of panchayat governance during the early nineteenth century, it analyses the legacies of these actions within the structures of later colonial administrations as well as the early nationalist movement. Particular attention is paid to the ways in which the ideologies of panchayat governance evolved during this period and to the transnational exchange and circulation of panchayat ideologies.
This book is written by eminent judges, advocates and legal luminaries among others under the expert guidance of an Editorial Board constituted by the Supreme Court. It is an attempt to trace the historical evolution of courts in India. The book attempts to identify the diverse court systems prevalent in India, map its historical origins and contextualize the present system of courts.
Heir to a diverse array of traditions, the Indian subcontinent boasts customs that are distinguished by a constant juxtaposition of the ancient and the modern. The omnibus culture that has resulted from a rich history reflects an accommodation of ideas from across the globe and over time. This inviting narrative examines the tapestry of major events and beliefs that imbue everyday Indian life with vitality, and it presents the remarkable achievements in writing and the arts that have influenced individuals throughout the world.
This book, first published in 1936, provides a comprehensive description and analysis of every constitutional aspect of British rule in India from 1600 to 1936. Beginning with a description of the East India Company before Plassey, its constitution, administration of settlements, and relation to the Indian states, the book closes with an account of the reforms of the 1930s, the events leading up to the White Paper and an analysis and elucidation of the Government of India Act 1935.