By Radhika Singha
This quantity bargains with law-making as a cultural firm during which the colonial kingdom needed to draw upon current normative codes of rank, prestige and gender, and re-order them to a brand new and extra specific definition of the state's sovereign correct.
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Extra info for A Despotism of Law: Crime and Justice in Early Colonial India
There was tension in the city over an anticipated clash between the Bhllrllt Mi14p and Mobu""", processions. ' RB to GG inC, 28June 1789, BRC P/S1I39. 8 July 1789, p. 84. Civil Authority and Due Process 51 ~t1"hi' .. , w officers co-operated with the state's drive to . "by helping it to draw upon traditions of / disctetioDify ... ent in the Islamic law. The law officers of the Hamra . ' 0 began to bring their punitive prescription. id(~",. , ,,c. ·shment. ;;imprisonment for recurrent petty. ra, the ruler's power to inflict 19:: exemplary punishment wi~1~nce to the sharia.
He From Faujdari to Faujdari Adalat 33 • • • The judicial plan· of 1772 evolved by Hastings and the Council had its critics within the Bengal establishment. nistration. 136 Thomas Law and Cornwallis also wanted to rehabilitate the zamindars as improving property owners, but without any feudal authority in the matter of criminal jurisdiction. 139 Here civil order was conceived of as a routine state of pacification in which the state alone had the right to a legitimate exercise of violence. Rule of law had to communicate a pmmiseof rights, but also one of subjection.
For instance, cutting the nO:ie, an act inflicting disfigurement with permanent disgrace, was not one of the punishments prescribed in Islamic law. E9~orth~~l. nent or blood-money. ' I 7) Subsc:quendy this interaction narrowec, as British judges replaced indian ones, and as the Islamic law officers w:re prohibited from expressing their views beyond giving a fatwll. Flltwll: formalleg21 opinion in the Islamic law. N. Sarbr,Mughlllpolity, Delhi, 1984, pp. 438-90. Mlldr/lSSll: institution of theological learning.
A Despotism of Law: Crime and Justice in Early Colonial India by Radhika Singha