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By accessibly recounting and analyzing the unique experience of institutions in colonial Indiawhich were influenced heavily by both British Common Law and indigenous Indian practices and traditionsLaw and the Economy in Colonial India sheds new light on what exactly fosters the types of institutions that have been key to economic development throughout world history more generally. The culmination and years of research, the book goes through a range of examples, including textiles, opium, tea, indigo, tenancy, credit, and land mortgage, to show how economic laws in colonial India were shaped neither by imported European ideas about how colonies should be ruled nor indigenous institutions, but by the practice of producing and trading. The book is an essential addition to Indian history and to some of the most fundamental questions in economic history."
An essential history of India's economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule. Economists have long lamented how the inefficiency of India's legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly. Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Economists Roy and Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor. Weaving the story of India's heralded economic transformation with its social and political history, Roy and Swamy show how inadequate legal infrastructure has been a key impediment to the country's economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India's current crossroads—and the factors that may keep its dreams unrealized.
In Stages of Capital, Ritu Birla brings research on nonwestern capitalisms into conversation with postcolonial studies to illuminate the historical roots of India’s market society. Between 1870 and 1930, the British regime in India implemented a barrage of commercial and contract laws directed at the “free” circulation of capital, including measures regulating companies, income tax, charitable gifting, and pension funds, and procedures distinguishing gambling from speculation and futures trading. Birla argues that this understudied legal infrastructure institutionalized a new object of sovereign management, the market, and along with it, a colonial concept of the public. In jurisprudence, case law, and statutes, colonial market governance enforced an abstract vision of modern society as a public of exchanging, contracting actors free from the anachronistic constraints of indigenous culture. Birla reveals how the categories of public and private infiltrated colonial commercial law, establishing distinct worlds for economic and cultural practice. This bifurcation was especially apparent in legal dilemmas concerning indigenous or “vernacular” capitalists, crucial engines of credit and production that operated through networks of extended kinship. Focusing on the story of the Marwaris, a powerful business group renowned as a key sector of India’s capitalist class, Birla demonstrates how colonial law governed vernacular capitalists as rarefied cultural actors, so rendering them illegitimate as economic agents. Birla’s innovative attention to the negotiations between vernacular and colonial systems of valuation illustrates how kinship-based commercial groups asserted their legitimacy by challenging and inhabiting the public/private mapping. Highlighting the cultural politics of market governance, Stages of Capital is an unprecedented history of colonial commercial law, its legal fictions, and the formation of the modern economic subject in India.
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.
A New Economic History of Colonial India provides a new perspective on Indian economic history. Using economic theory and quantitative methods, it shows how the discipline is being redefined and how new scholarship on India is beginning to embrace and make use of concepts from the larger field of global economic history and economics. The book discusses the impact of property rights, the standard of living, the labour market and the aftermath of the Partition. It also addresses how education and work changed, and provides a rethinking of traditional topics including de-industrialization, industrialization, railways, balance of payments, and the East India Company. Written in an accessible way, the contributors – all leading experts in their fields – firmly place Indian history in the context of world history. An up-to-date critical survey and novel resource on Indian Economic History, this book will be useful for undergraduate and postgraduate courses on Economic History, Indian and South Asian Studies, Economics and Comparative and Global History.
Debates about the origins and effects of European rule in the non-European world have animated the field of economic history since the 1850s. This pioneering text provides a concise and accessible resource that introduces key readings, builds connections between ideas and helps students to develop informed views of colonialism as a force in shaping the modern world. With special reference to European colonialism of the nineteenth and twentieth centuries in both Asia and Africa, this book: • critically reviews the literature on colonialism and economic growth; • covers a range of different methods of analysis; • offers a comparative approach, as opposed to a collection of regional histories, deftly weaving together different themes. With debates around globalization, migration, global finance and environmental change intensifying, this authoritative account of the relationship between colonialism and economic development makes an invaluable contribution to several distinct literatures in economic history.
Since the economic reforms of the 1990s, India’s economy has grown rapidly. To sustain growth and foreign investment over the long run requires a well-developed legal infrastructure for conducting business, including cheap and reliable contract enforcement and secure property rights. But it’s widely acknowledged that India’s legal infrastructure is in urgent need of reform, plagued by problems, including slow enforcement of contracts and land laws that differ from state to state. How has this situation arisen, and what can boost business confidence and encourage long-run economic growth? Tirthankar Roy and Anand V. Swamy trace the beginnings of the current Indian legal system to the years of British colonial rule. They show how India inherited an elaborate legal system from the British colonial administration, which incorporated elements from both British Common Law and indigenous institutions. In the case of property law, especially as it applied to agricultural land, indigenous laws and local political expediency were more influential in law-making than concepts borrowed from European legal theory. Conversely, with commercial law, there was considerable borrowing from Europe. In all cases, the British struggled with limited capacity to enforce their laws and an insufficient knowledge of the enormous diversity and differentiation within Indian society. A disorderly body of laws, not conducive to production and trade, evolved over time. Roy and Swamy’s careful analysis not only sheds new light on the development of legal institutions in India, but also offers insights for India and other emerging countries through a look at what fosters the types of institutions that are key to economic growth.
Recently, a growing body of work on "law and finance" and "legal origins" has highlighted the role of formal legal institutions in shaping financial institutions. However, these writings have focused largely on Europe, neglecting important non-Western traditions that prevail in a large part of the world. Law and Long-Term Economic Change brings together a group of leading scholars from economics, economic history, law, and area studies to develop a unique, global and, long-term perspective on the linkage between law and economic change. Covering the regions of Western Europe, East and South Asia, and the Middle East, the chapters explore major themes regarding the nature and evolution of different legal regimes; their relationship with the state or organized religion; the definition and interpretation of ownership and property rights; the functioning of courts, and other mechanisms for dispute resolution and contract enforcement; and the complex dynamics of legal transplantations through processes such as colonization. The text makes clear that the development of legal traditions and institutions—as embodiments of cultural values and norms—exerts a strong effect on long-term economic change. And it demonstrates that a good understanding of legal origins around the world enriches any debate about Great Divergence in the early modern era, as well as development and underdevelopment in 19th-20th century Eurasia.
According to widespread belief, poverty and low standards of living have been characteristic of India for centuries. Challenging this view, Prasannan Parthasarathi demonstrates that, until the late eighteenth century, labouring groups in South India, those at the bottom of the social order, were in a powerful position, receiving incomes well above subsistence. The decline in their economic fortunes, the author asserts, was a process initiated towards the end of that century, with the rise of colonial rule. Building on revisionist interpretations, he examines the transformation of Indian society and its economy under British rule through the prism of the labouring classes, arguing that their treatment by the early colonial state had no precedent in the pre-colonial past and that poverty and low wages were a product of colonial rule. The book promises to make an important contribution to the economic history of the region, and to the study of colonialism.
The majority of workers in South Asia are employed in industries that rely on manual labour and craft skills. Some of these industries have existed for centuries and survived great changes in consumption and technology over the last 150 years. In earlier studies, historians of the region focused on mechanized rather than craft industries, arguing that traditional manufacturing was destroyed or devitalized during the colonial period, and that modern industry is substantially different. Exploring new material from research into five traditional industries, Tirthankar Roy s book contests these notions, demonstrating that while traditional industry did evolve during the Industrial Revolution, these transformations had a positive rather than destructive effect on manufacturing generally. In fact, the book suggests, the major industries in post-independence India were shaped by such transformations. Tirthankar Roy s book offers new and penetrating insights into India s economic and social history.