Historicising “Law” as a Language of Progress and Its Anomalies: The Case of Penal Law Reforms in Colonial India

2014 ◽  
Vol 9 ◽  
pp. 213-240
Author(s):  
Mohammad Shahabuddin
Keyword(s):  
Nineteenth Century ◽  
Theoretical Framework ◽  
Social Darwinism ◽  
Law Reform ◽  
Colonial India ◽  
Racial Hierarchy ◽  
Cultural Hierarchy ◽  
Reform Project ◽  
Penal Law ◽  
Evolutionary Science

AbstractThis paper dispels the myth of liberal Enlightenment in relation to penal law reforms in colonial India by advancing two sets of argument. First, the liberal project of codification on the basis of universalist notion of utilitarianism never broke with cultural hierarchy inbuilt in the very act of colonisation. In this paper, I specifically look into the emerging phenomenon of evolutionary science in the nineteenth century – social Darwinism – to explain the dominant normative, as opposed to realist, justification of such racial hierarchy in colonial discourses since the nineteenth century. Second, using Dipesh Chakrabarty’s theoretical framework, I provincialise the penal law reform project in colonial India through the examination of literature in the field, and substantiate how the notion of utilitarian universality remained vague and unpromising in face of instrumental needs on ground – both in the colony and in the metropolis. Taken together, these propositions dispel the myth of the liberal project of penal law reforms in colonial India based on this universalist position and underscore the fallacies of the transition narrative of modernity itself.

scholarly journals Historicising “Law” as a Language of Progress and Its Anomalies: The Case of Penal Law Reforms in Colonial India

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Mohammad Shahabuddin
Keyword(s):  
Nineteenth Century ◽  
Theoretical Framework ◽  
Social Darwinism ◽  
Law Reform ◽  
Colonial India ◽  
Racial Hierarchy ◽  
Cultural Hierarchy ◽  
Reform Project ◽  
Penal Law ◽  
Evolutionary Science

AbstractThis paper dispels the myth of liberal Enlightenment in relation to penal law reforms in colonial India by advancing two sets of argument. First, the liberal project of codification on the basis of universalist notion of utilitarianism never broke with cultural hierarchy inbuilt in the very act of colonisation. In this paper, I specifically look into the emerging phenomenon of evolutionary science in the nineteenth century – social Darwinism – to explain the dominant normative, as opposed to realist, justification of such racial hierarchy in colonial discourses since the nineteenth century. Second, using Dipesh Chakrabarty’s theoretical framework, I provincialise the penal law reform project in colonial India through the examination of literature in the field, and substantiate how the notion of utilitarian universality remained vague and unpromising in face of instrumental needs on ground – both in the colony and in the metropolis. Taken together, these propositions dispel the myth of the liberal project of penal law reforms in colonial India based on this universalist position and underscore the fallacies of the transition narrative of modernity itself.

Women and Agency in Bankim’s Rajmohan’s Wife and Tagore’s The Home and The World

2020 ◽  
Vol 12 (5) ◽  
Author(s):  
Manju Dhariwal ◽  
Keyword(s):  
Nineteenth Century ◽  
The Self ◽  
Indian English ◽  
Colonial India ◽  
English Novel ◽  
The World ◽  
The Status ◽  
Insight Into ◽  
Status Of Women

Written almost half a century apart, Rajmohan’s Wife (1864) and The Home and the World (1916) can be read as women centric texts written in colonial India. The plot of both the texts is set in Bengal, the cultural and political centre of colonial India. Rajmohan’s Wife, arguably the first Indian English novel, is one of the first novels to realistically represent ‘Woman’ in the nineteenth century. Set in a newly emerging society of India, it provides an insight into the status of women, their susceptibility and dependence on men. The Home and the World, written at the height of Swadeshi movement in Bengal, presents its woman protagonist in a much progressive space. The paper closely examines these two texts and argues that women enact their agency in relational spaces which leads to the process of their ‘becoming’. The paper analyses this journey of the progress of the self, which starts with Matangini and culminates in Bimala. The paper concludes that women’s journey to emancipation is symbolic of the journey of the nation to independence.

The Languages of Petitioning in Early Colonial India

2019 ◽  
Vol 43 (3) ◽  
pp. 581-597 ◽  
Author(s):  
James A. Jaffe
Keyword(s):  
Nineteenth Century ◽  
Western India ◽  
Rhetorical Strategies ◽  
Early Nineteenth Century ◽  
Colonial India ◽  
The Public ◽  
The People ◽  
Early Colonial ◽  
The Social ◽  
Different Levels

With relatively few exceptions, personal petitions from individuals have received much less attention from historians than those from groups in the public political sphere. In one sense, personal petitions adopted many of the same rhetorical strategies as those delivered by a group. However, they also offer unique insights into the quotidian relationship between the people and their rulers. This article examines surviving personal petitions to various administrators at different levels of government in western India during the decades surrounding the East India Company’s conquests. The analysis of these petitions helps to refine our understanding of the place of the new judicial system in the social world of early-nineteenth-century India, especially by illuminating the discourse of justice that petitioners brought to the presentation of their cases to their new governors. The conclusion of this article seeks to place the rhetoric of personal petitioning within the larger context of mass political petitioning in India during the early nineteenth century.

Utilitarianism and the Criminal Law in Colonial India: A Study of the Practical Limits of Utilitarian Jurisprudence

1994 ◽  
Vol 28 (4) ◽  
pp. 739-791 ◽  
Author(s):  
Kartik Kalyan Raman
Keyword(s):  
Criminal Justice ◽  
Legal Tradition ◽  
British India ◽  
Local Society ◽  
Colonial India ◽  
Penal Law ◽  
The Law ◽  
Common Observation ◽  
The One

The role of legal tradition in the reformist rhetoric of Benthamite Utilitarianism presents us with a contradiction. On the one hand, there is the common observation that Utilitarian jurisprudence was necessarily ahistorical and rejected the past as a source of concepts for reworking the criminal justice system existing in Britain during the late eighteenth and early nineteenth centuries. For philosophic reformers such as Bentham, contemporary British criminal justice was to be replaced by a scientific jurisprudence, abstract, universal, and secular in outlook, and antipathetic to the more conservative insistence that the foundations of the penal law continue to be tradition-based. ‘If society was to see any improvement, its law must be reformed; if its law was to be reformed it must be burned to the ground and rebuilt according to a new and rational pattern.’ On the other hand, we find that the very same Utilitarian thinkers, in works describing the state of the law in British India, were concerned with local rather than universal conceptions of criminality. In his 1782 Essay on the Influence of Time and Place in Matters of Legislation, Bentham, for instance, urged the philosophic reformer to temper change in India by fitting Utilitarian judgments about the law to the frames of local society.

The Dialectics of Resistance: Colonial Geography, Bengali Literati and the Racial Mapping of Indian Identity

2009 ◽  
Vol 44 (1) ◽  
pp. 53-79 ◽  
Author(s):  
SUBHO BASU
Keyword(s):  
Nineteenth Century ◽  
Information System ◽  
Geographic Information System ◽  
Critical Role ◽  
Geographic Information ◽  
Indian Society ◽  
Nation State ◽  
Colonial India ◽  
The Core ◽  
Indian Identity

AbstractThrough a study of hitherto unexplored geography textbooks written in Bengali between 1845 and 1880, this paper traces the evolution of a geographic information system related to ethnicity, race, and space. This geographic information system impacted the mentality of emerging educated elites in colonial India who studied in the newly established colonial schools and played a critical role in developing and articulating ideas of the territorial nation-state and the rights of citizenship in India. The Bengali Hindu literati believed that the higher location of India in such a constructed hierarchy of civilizations could strengthen their claims to rights of citizenship and self-government. These nineteenth century geography textbooks asserted clearly that high caste Hindus constituted the core ethnicity of colonial Indian society and all others were resident outsiders. This knowledge system, rooted in geography/ethnicity/race/space, and related to the hierarchy of civilizations, informed the Bengali intelligentsia's notion of core ethnicity in the future nation-state in India with Hindu elites at its ethnic core.

Experiments with Khomeini's Revolution in Kargil: Contemporary Shi‘a networks between India and West Asia

2014 ◽  
Vol 48 (2) ◽  
pp. 370-398 ◽  
Author(s):  
RADHIKA GUPTA
Keyword(s):  
Nineteenth Century ◽  
Social Change ◽  
Local Politics ◽  
Religious Practice ◽  
Reform Movement ◽  
Financial Flows ◽  
Post Colonial ◽  
Colonial India ◽  
Religious Networks ◽  
Insight Into

AbstractShi‘i scholars from India have been a sizeable presence in seminaries in Iran and Iraq, both historically and today. Yet there is a dearth of scholarship on Shi‘i linkages between India and West Asia, with the exception of historical work on the patronage of shrine cities in Iraq by centres of Shi‘ism in India. Departing from this geographical and historical focus, this paper lends insight into contemporary religious networks between India and West Asia, using the example of the Twelver Shi‘a in Kargil, a region located on India's ‘border’ with Pakistan in the province of Kashmir. Kargili scholars travelled overland via Afghanistan or by sea from Bombay to Basra to study in seminaries in Iraq and Iran from the nineteenth century onwards. Increasing fluency in Urdu in post-colonial India enabled them to connect with Shi‘i institutions in other parts of India, which mediate religious, cultural, and financial flows from a transnational Shi‘ite realm. These networks ofreligiouslearning are not only conduits for the transmission of textual, doctrinal knowledge, but also for politico-religious ideologies that are selectively harnessed, and often exaggerated, to effect significant social and political changes in micro-locales. While local conflicts are over-determined by the evocation of transnational links, they also reflect, even if only through rhetorical and partial reproduction, doctrinal and politico-religious schisms among Shi‘i leaders in West Asia. This is illustrated by an ethnographic account of the activities undertaken and contestations provoked by the Imam Khomeini Memorial Trust in Kargil, a modernist reform movement that has selectively appropriated Khomeini's revolutionary ideologies to instigate social change and shape local politics and religious practice in Kargil.

scholarly journals ‘The Very Foundations of Any System of Criminal Justice’: Criminal Responsibility in the Australian Model Criminal Code

2017 ◽  
Vol 6 (3) ◽  
pp. 8-24 ◽  
Author(s):  
Arlie Loughnan
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Law Reform ◽  
Reform Process ◽  
Conceptual Level ◽  
Top Down ◽  
The Core ◽  
Reform Project

The Model Criminal Code (MCC) was intended to be a Code for all Australian jurisdictions. It represents a high point of faith in the value and possibility of systematising, rationalising and modernising criminal law. The core of the MCC is Chapter 2, the ‘general principles of criminal responsibility’, which outlines the ‘physical’ and ‘fault’ elements of criminal offences, and defines concepts such as recklessness. This paper assesses the MCC as a criminal law reform project and explores questions of how the MCC came into being, and why it took shape in certain ways at a particular point in time. The paper tackles these questions from two different perspectives—‘external’ and ‘internal’ (looking at the MCC from the ‘outside’ and the ‘inside’). I make two main arguments. First, I argue that, driven by a ‘top down’ law reform process, the MCC came into being at a time when changes in crime and criminal justice were occurring, and that it may be understood as an attempt to achieve stability in a time of change. Second, I argue that the significance of the principles of criminal responsibility, which formed the central pivot of the MCC, lies on the conceptual level—in relation to the language through which the criminal law is thought about, organised and reformed.

Imperial Vision, Colonial Prisons:

2018 ◽  
Vol 77 (2) ◽  
pp. 146-167 ◽  
Author(s):  
Mira Rai Waits
Keyword(s):  
Nineteenth Century ◽  
The United States ◽  
Primary Objective ◽  
Moral Reform ◽  
Colonial India ◽  
Built Form ◽  
British Rule ◽  
British Colonial ◽  
New System

Prison construction was among the most important infrastructural changes brought about by British rule in nineteenth-century India. Informed by the extension of liberal political philosophy into the colony, the development of the British colonial prison introduced India to a radically new system of punishment based on long-term incarceration. Unlike prisons in Europe and the United States, where moral reform was cited as the primary objective of incarceration, prisons in colonial India focused on confinement as a way of separating and classifying criminal types in order to stabilize colonial categories of difference. In Imperial Vision, Colonial Prisons: British Jails in Bengal, 1823–73, Mira Rai Waits explores nineteenth-century colonial jail plans from India's Bengal Presidency. Although colonial reformers eventually arrived at a model of prison architecture that resembled Euro-American precedents, the built form and functional arrangements of these places reflected a singularly colonial model of operation.

scholarly journals Learning to Labour: “Native” Orphans in Colonial India, 1840s–1920s

2019 ◽  
Vol 65 (1) ◽  
pp. 15-42
Author(s):  
Soni
Keyword(s):  
Nineteenth Century ◽  
State Power ◽  
Child Labour ◽  
The State ◽  
Early Nineteenth Century ◽  
Colonial India ◽  
The Gaze ◽  
History Of ◽  
State Actors ◽  
Poor Children

AbstractTo this day, the history of indigenous orphans in colonial India remains surprisingly understudied. Unlike the orphans of Britain or European and Eurasian orphans in the colony, who have been widely documented, Indian orphans are largely absent in the existing historiography. This article argues that a study of “native” orphans in India helps us transcend the binary of state power and poor children that has hitherto structured the limited extant research on child “rescue” in colonial India. The essay further argues that by shifting the gaze away from the state, we can vividly see how non-state actors juxtaposed labour and education. I assert that the deployment of child labour by these actors, in their endeavour to educate and make orphans self-sufficient, did not always follow the profitable trajectory of the state-led formal labour regime (seen in the Indian indenture system or early nineteenth-century prison labour). It was often couched in terms of charity and philanthropy and exhibited a convergence of moral and economic concerns.

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