JUDICIAL PLANS AND REFORMS IN COLONIAL INDIA


Book Description

The study of Law and emergence of Laws, particularly in colonial times has been an important part of the study of law students. The book tries to evaluate the importance on the concept of amalgamation of legal system of Indians and Britishers. This is important as in colonial period, where the Indians were having their own laws based on customs, traditions and other religious scriptures, the Britishers, on the other hand brought their provisions of law. The transition period amalgamated ideas based on the traditions and British law giving rise to various judicial reforms from time to time. The book has been written in simple and lucid manner with a student-centric approach. The content is easy to grasp and is full of knowledge. It will prove to be an integral part of the study for the law students all around the nation and will be equally beneficial for those having an inclination towards legal studies. The contents are interdisciplinary in nature and will be of use for both the students and professionals of Social Sciences as well as Law.




Law and the Economy in Colonial India


Book Description

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."




A Despotism of Law


Book Description

This volume deals with law-making as a cultural enterprise in which the colonial state had to draw upon existing normative codes of rank, status and gender, and re-order them to a new and more exclusive definition of the state's sovereign right.




A New Economic History of Colonial India


Book Description

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.




British Colonialism and the Criminalization of Homosexuality


Book Description

British Colonialism and the Criminalization of Homosexuality examines whether colonial rule is responsible for the historical, and continuing, criminalization of same-sex sexual relations in many parts of the world. Enze Han and Joseph O’Mahoney gather and assess historical evidence to demonstrate the different ways in which the British empire spread laws criminalizing homosexual conduct amongst its colonies. Evidence includes case studies of former British colonies and the common law and criminal codes like the Indian Penal Code of 1860 and the Queensland Criminal Code of 1899. Surveying a wide range of countries, the authors scrutinise whether ex-British colonies are more likely to have laws that criminalize homosexual conduct than other ex-colonies or other states in general They interrogate the claim that British imperialism uniquely ‘poisoned’ societies against homosexuality, and look at the legacies of colonialism and the politics and legal status of homosexuality across the globe.




Governing Gender and Sexuality in Colonial India


Book Description

Examines the colonial and postcolonial governance of gender and sexuality through the history of transgender Hijras in north India.




Law and the Economy in a Young Democracy


Book Description

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.




Pakistan's Experience with Formal Law


Book Description

This book explores the complex relationship between colonial law and the reform of legal systems in postcolonial states.




The Hindu Family and the Emergence of Modern India


Book Description

Between 1955 and 1956 the Government of India passed four Hindu Law Acts to reform and codify Hindu family law. Scholars have understood these acts as a response to growing concern about women's rights but, in a powerful re-reading of their history, this book traces the origins of the Hindu law reform project to changes in the political-economy of late colonial rule. The Hindu Family and the Emergence of Modern India considers how questions regarding family structure, property rights and gender relations contributed to the development of representative politics, and how, in solving these questions, India's secular and state power structures were consequently drawn into a complex and unique relationship with Hindu law. In this comprehensive and illuminating resource for scholars and students, Newbigin demonstrates the significance of gender and economy to the history of twentieth-century democratic government, as it emerged in India and beyond.




World Development Report 2017


Book Description

Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? World Development Report 2017: Governance and the Law addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.