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This book is the first study of the development and decolonization of a British colonial high court in Africa. It traces the history of the High Court of Tanzania from its establishment in 1920 to the end of its institutional process of decolonization in 1971. This process involved disentangling the High Court from colonial state structures and imperial systems that were built on racial inequality while simultaneously increasing the independence of the judiciary and application of British judicial principles. Feingold weaves together the rich history of the Court with a discussion of its judges – both as members of the British Colonial Legal Service and as individuals – to explore the impacts and intersections of imperial policies, national politics, and individual initiative. Colonial Justice and Decolonization in the High Court of Tanzania is a powerful reminder of the crucial roles played by common law courts in the operation and legitimization of both colonial and post-colonial states.
Imperial Justice explores the imperial control of judicial governance and the adjudication of colonial difference in British Africa. Focusing on the Judicial Committee of the Privy Council and the colonial regional Appeal Courts for West Africa and East Africa, it examines how judicial discourses of native difference and imperial universalism in local disputes influenced practices of power in colonial settings and shaped an evolving jurisprudence of Empire. Arguing that the Imperial Appeal Courts were key sites where colonial legal modernity was fashioned, the book examines the tensions that permeated the colonial legal system such as the difficulty of upholding basic standards of British justice while at the same time allowing for local customary divergence which was thought essential to achieving that justice. The modernizing mission of British justice could only truly be achieved through recognition of local exceptionality and difference. Natives who appealed to the Courts of Empire were entitled to the same standards of justice as their 'civilized' colonists, yet the boundaries of racial, ethnic, and cultural difference somehow had to be recognized and maintained in the adjudicatory process. Meeting these divergent goals required flexibility in colonial law-making as well as in the administration of justice. In the paradox of integration and differentiation, imperial power and local cultures were not always in conflict but were sometimes complementary and mutually reinforcing. The book draws attention not only to the role of Imperial Appeal Courts in the colonies but also to the reciprocal place of colonized peoples in shaping the processes and outcomes of imperial justice. A valuable addition to British colonial literature, this book places Africa in a central role, and examines the role of the African colonies in the shaping of British Imperial jurisprudence.
An innovative remapping of empire, Imperial Connections offers a broad-ranging view of the workings of the British Empire in the period when the India of the Raj stood at the center of a newly globalized system of trade, investment, and migration. Thomas R. Metcalf argues that India itself became a nexus of imperial power that made possible British conquest, control, and governance across a wide arc of territory stretching from Africa to eastern Asia. His book, offering a new perspective on how imperialism operates, emphasizes transcolonial interactions and webs of influence that advanced the interests of colonial India and Britain alike. Metcalf examines such topics as law codes and administrative forms as they were shaped by Indian precedents; the Indian Army's role in securing Malaya, Africa, and Mesopotamia for the empire; the employment of Indians, especially Sikhs, in colonial policing; and the transformation of East Africa into what was almost a province of India through the construction of the Uganda railway. He concludes with a look at the decline of this Indian Ocean system after 1920 and considers how far India's participation in it opened opportunities for Indians to be a colonizing as well as a colonized people.
The idea of transitions in Indian history emerged early when the term ‘transition’ denoted shifts from one period to another. The notion of transition itself has moved beyond being primarily economic to include dimensions of society, culture and ideology. This volume brings together scholarly works that re-examine and re-define the concept of transition by looking into a range of subjects including religion, culture, gender, caste and community networks, maritime and mercantile modes, ideas of nationalism and historiographies across geographical and temporal settings. With contributions by leading scholars from South Asia, this book will be useful to scholars and researchers of ancient history, modern Indian history, sociology and social anthropology, and South Asian studies.
One of the major questions facing the world today is the role of law in shaping identity and in balancing tradition with modernity. In an arid corner of the Mediterranean region in the first decades of the twentieth century, Mandate Palestine was confront
Elizabeth Thornberry is a doctoral candidate in African history at Stanford University. --Book Jacket.
Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.