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The Legal Profession in Colonial South India

Author: John Jeya Paul

Publisher:

Published: 1991

Total Pages: 288

ISBN-13:

The persisting belief in the 'rule of law' and the relative judicial independence in post-colonial India, bear testimony to the British legacy with its unique amalgam of law codes, courts, procedures and personnel. Using sources previously unavailable to scholars, Paul traces the developmentof Indian laywyers, otherwise known as pleaders or vakils, since the beginning of British rule in the Madras Presidency.

Law and Identity in Colonial South Asia

Author: Mitra Sharafi

Publisher: Cambridge University Press

Published: 2014-04-21

Total Pages: 369

ISBN-13: 1107047978

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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.

The Indian Legal Profession in the Age of Globalization

Author: David B. Wilkins

Publisher: Cambridge University Press

Published: 2017-05-23

Total Pages:

ISBN-13: 110821102X

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This book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book's authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.

Law and Identity in Colonial South Asia

Author: Mitra Sharafi

Publisher: Cambridge University Press

Published: 2014-04-21

Total Pages: 369

ISBN-13: 1139868063

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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.

Asian Legal Revivals

Author: Yves Dezalay

Publisher: University of Chicago Press

Published: 2010-11-15

Total Pages: 304

ISBN-13: 0226144666

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More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia. Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences—and in considering how those experiences have laid the foundation for those societies’ legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews, Asian Legal Revivals illuminates the more recent past and present of these legally changing nations and explains the profession’s recent revival of influence, as spurred on by American geopolitical and legal interests.

Stages of Capital

Author: Ritu Birla

Publisher: Duke University Press

Published: 2009-01-14

Total Pages: 360

ISBN-13: 082239247X

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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.

Law and Identity in Colonial South Asia

Author: Mitra June Sharafi

Publisher:

Published: 2014

Total Pages: 343

ISBN-13: 9781139862332

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This book explores the legal culture of the Parsis, an ethno-religious community unusually invested in the colonial legal system of British India and Burma.

Document Raj

Author: Bhavani Raman

Publisher: University of Chicago Press

Published: 2012-11-07

Total Pages: 294

ISBN-13: 0226703274

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Historians of British colonial rule in India have noted both the place of military might and the imposition of new cultural categories in the making of Empire, but Bhavani Raman, in Document Raj, uncovers a lesser-known story of power: the power of bureaucracy. Drawing on extensive archival research in the files of the East India Company’s administrative offices in Madras, she tells the story of a bureaucracy gone awry in a fever of documentation practices that grew ever more abstract—and the power, both economic and cultural, this created. In order to assert its legitimacy and value within the British Empire, the East India Company was diligent about record keeping. Raman shows, however, that the sheer volume of their document production allowed colonial managers to subtly but substantively manipulate records for their own ends, increasingly drawing the real and the recorded further apart. While this administrative sleight of hand increased the company’s reach and power within the Empire, it also bolstered profoundly new orientations to language, writing, memory, and pedagogy for the officers and Indian subordinates involved. Immersed in a subterranean world of delinquent scribes, translators, village accountants, and entrepreneurial fixers, Document Raj maps the shifting boundaries of the legible and illegible, the legal and illegitimate, that would usher India into the modern world.

The Rule of Law and Emergency in Colonial India

Author: Haruki Inagaki

Publisher: Palgrave Macmillan

Published: 2022-10-10

Total Pages: 0

ISBN-13: 9783030736651

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This book takes a closer look at colonial despotism in early nineteenth-century India and argues that it resulted from Indians’ forum shopping, the legal practice which resulted in jurisdictional jockeying between an executive, the East India Company, and a judiciary, the King’s Court. Focusing on the collisions that took place in Bombay during the 1820s, the book analyses how Indians of various descriptions—peasants, revenue defaulters, government employees, merchants, chiefs, and princes—used the court to challenge the government (and vice versa) and demonstrates the mechanism through which the lawcourt hindered the government’s indirect rule, which relied on local Indian rulers in newly conquered territories. The author concludes that existing political anxiety justified the East India Company’s attempt to curtail the power of the court and strengthen their own power to intervene in emergencies through the renewal of the company’s charter in 1834. An insightful read for those researching Indian history and judicial politics, this book engages with an understudied period of British rule in India, where the royal courts emerged as sites of conflict between the East India Company and a variety of Indian powers.

Leprosy in Colonial South India

Author: J. Buckingham

Publisher: Springer

Published: 2001-12-18

Total Pages: 247

ISBN-13: 1403932735

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Leprosy is a neglected topic in the burgeoning field of the history of medicine and the colonized body. Leprosy in Colonial South India is not only a history of an intriguing and dramatic endemic disease, it is a history of colonial power in nineteenth-century British India as seen through the lens of British medical and legal encounters with leprosy and its sufferers in south India. Leprosy in Colonial South India offers a detailed examination of the contribution of leprosy treatment and legislative measures to negotiated relationships between indigenous and British medicine and the colonial impact on indigenous class formation, while asserting the agency of the poor and vagrant leprous classes in their own history.