Legal Theory Systems

Radhika Singha's A Despotism of Law: Crime and Justice in Early Colonial PDF

By Radhika Singha

ISBN-10: 0195653114

ISBN-13: 9780195653113

This quantity offers with law-making as a cultural company within which the colonial kingdom needed to draw upon present normative codes of rank, prestige and gender, and re-order them to a brand new and extra unique definition of the state's sovereign correct.

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Extra resources for A Despotism of Law: Crime and Justice in Early Colonial India

Example text

Homicide the Banaras adalat had ruled that one Ramnath, who had. s~gle,d ,a boy, should have his right hand and nose cut off. 76 We find that subsequently the law officers would not sanction ~ amputation in such cases. The grandparents and parents ofa boy strangled to death said they diJ not ask for cap~tal punishment or blood-money, but that the nose and arm of the two offenders be cut off. 77 But the law officers of the mulki faujdari adalat now replied that the sharia did not permi t , such a request, and their view was endorsed by the Banaras adalat.

I "I If' • ~ ;; 54 A Despotism ofLtrw lor . " " • . ~ 'after considering all its consequence~ the relationships which bore upon their lives. The cases triea in the Banaras Zamindari give us a sense not only of these e

Amindars who were supposed to share the responsihility for policing. For instance, the resident authorized the amil ofKannt to reimlJllrse himself fro III Civil Auth07ity and Due Process 39 -1 , revenue depended on the amils t ability to broker a variety of smaller revenue fanning engagements, secured wherever possible with malzimiin,failztimin, hazirzamin, that is sureties for payment, for good order, and for attendance when required. In this period the same chain of responsibility was pressed into service for policing'and prosecution, for enforcing ,a fine, securing the presence of a party in court, or imposing a muchalka, an undertaking for good behaviour..

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A Despotism of Law: Crime and Justice in Early Colonial India by Radhika Singha

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