Fluid Jurisdictions


Book Description

This wide-ranging, geographically ambitious book tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community's ambiguous embrace of European colonial authority in Southeast Asia. In Fluid Jurisdictions, Nurfadzilah Yahaya looks at colonial legal infrastructure and discusses how it impacted, and was impacted by, Islam and ethnicity. But more important, she follows the actors who used this framework to advance their particular interests. Yahaya explains why Arab minorities in the region helped to fuel the entrenchment of European colonial legalities: their itinerant lives made institutional records necessary. Securely stored in centralized repositories, such records could be presented as evidence in legal disputes. To ensure accountability down the line, Arab merchants valued notarial attestation land deeds, inheritance papers, and marriage certificates by recognized state officials. Colonial subjects continually played one jurisdiction against another, sometimes preferring that colonial legal authorities administer Islamic law—even against fellow Muslims. Fluid Jurisdictions draws on lively material from multiple international archives to demonstrate the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played out between family, religious, contract, and commercial legal orders.




Law and Identity in Colonial South Asia


Book Description

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.




Empires of Vice


Book Description

A Shared Turn : Opium and the Rise of Prohibition -- The Different Lives of Southeast Asia's Opium Monopolies -- "Morally Wrecked" in British Burma, 1870s-1890s -- Fiscal Dependency in British Malaya, 1890s-1920s -- Disastrous Abundance in French Indochina, 1920s-1940s -- Colonial Legacies.




Subject Siam


Book Description

Unlike its Southeast Asian neighbors, Thailand was never colonized by an imperial power. However, Siam (as Thailand was called until 1939) shared a great deal in common with both colonized states and imperial powers: its sovereignty was qualified by imperial nations while domestically its leaders pursued European colonial strategies of juridical control in the Muslim south. The creation of family law and courts in that region and in Siam proper most clearly manifests Siam's dualistic position. Demonstrating the centrality of gender relations, law, and Siam's Malay Muslims to the history of modern Thailand, Subject Siam examines the structures and social history of jurisprudence to gain insight into Siam's unique position within Southeast Asian history. Tamara Loos elaborates on the processes of modernity through an in-depth study of hundreds of court cases involving polygyny, marriage, divorce, rape, and inheritance adjudicated between the 1850s and 1930s. Most important, this study of Siam offers a novel approach to the question of modernity precisely because Siam was not colonized yet was subject to transnational discourses and symbols of modernity. In Siam, Loos finds, the language of modernity was not associated with a foreign, colonial overlord, so it could be deployed both by elites who favored continuation of existing domestic hierarchies and by those advocating political and social change.




The Art of Not Being Governed


Book Description

From the acclaimed author and scholar James C. Scott, the compelling tale of Asian peoples who until recently have stemmed the vast tide of state-making to live at arm’s length from any organized state society For two thousand years the disparate groups that now reside in Zomia (a mountainous region the size of Europe that consists of portions of seven Asian countries) have fled the projects of the organized state societies that surround them—slavery, conscription, taxes, corvée labor, epidemics, and warfare. This book, essentially an “anarchist history,” is the first-ever examination of the huge literature on state-making whose author evaluates why people would deliberately and reactively remain stateless. Among the strategies employed by the people of Zomia to remain stateless are physical dispersion in rugged terrain; agricultural practices that enhance mobility; pliable ethnic identities; devotion to prophetic, millenarian leaders; and maintenance of a largely oral culture that allows them to reinvent their histories and genealogies as they move between and around states. In accessible language, James Scott, recognized worldwide as an eminent authority in Southeast Asian, peasant, and agrarian studies, tells the story of the peoples of Zomia and their unlikely odyssey in search of self-determination. He redefines our views on Asian politics, history, demographics, and even our fundamental ideas about what constitutes civilization, and challenges us with a radically different approach to history that presents events from the perspective of stateless peoples and redefines state-making as a form of “internal colonialism.” This new perspective requires a radical reevaluation of the civilizational narratives of the lowland states. Scott’s work on Zomia represents a new way to think of area studies that will be applicable to other runaway, fugitive, and marooned communities, be they Gypsies, Cossacks, tribes fleeing slave raiders, Marsh Arabs, or San-Bushmen.




Formations of Colonial Modernity in East Asia


Book Description

The essays in Formations of Colonial Modernity in East Asia challenge the idea that notions of modernity and colonialism are mere imports from the West, and show how colonial modernity has evolved from and into unique forms throughout Asia. Although the modernity of non-European colonies is as indisputable as the colonial core of European modernity, until recently East Asian scholarship has tried to view Asian colonialism through the paradigm of colonial India (for instance), failing to recognize anti-imperialist nationalist impulses within differing Asian countries and regions. Demonstrating an impatience with social science models of knowledge, the contributors show that binary categories focused on during the Cold War are no longer central to the project of history writing. By bringing together articles previously published in the journal positions: east asia cultures critique, editor Tani Barlow has demonstrated how scholars construct identity and history, providing cultural critics with new ways to think about these concepts--in the context of Asia and beyond. Chapters address topics such as the making of imperial subjects in Okinawa, politics and the body social in colonial Hong Kong, and the discourse of decolonization and popular memory in South Korea. This is an invaluable collection for students and scholars of Asian studies, postcolonial studies, and anthropology. Contributors. Charles K. Armstrong, Tani E. Barlow, Fred Y. L. Chiu, Chungmoo Choi, Alan S. Christy, Craig Clunas, James A. Fujii, James L. Hevia, Charles Shiro Inouye, Lydia H. Liu, Miriam Silverberg, Tomiyama Ichiro, Wang Hui




Exile in Colonial Asia


Book Description

Exile was a potent form of punishment and a catalyst for change in colonial Asia between the seventeenth and early twentieth centuries. Vast networks of forced migration supplied laborers to emerging colonial settlements, while European powers banished rivals to faraway locations. Exile in Colonial Asia explores the phenomenon of exile in ten case studies by way of three categories: “kings,” royals banished as political exiles; “convicts,” the vast majority of those whose lives are explored in this volume, sent halfway across the world with often unexpected consequences; and “commemoration,” referring to the myriad ways in which the experience and its aftermath were remembered by those exiled, relatives left behind, colonial officials, and subsequent generations of descendants, devotees, historians, and politicians. Intended for a broad readership interested in the colonial period in Asia (South and Southeast Asia in particular), the volume encompasses a range of disciplinary perspectives: anthropology, gender studies, literature, history, and Asian, Australian, and Pacific studies. In addition to presenting fascinating, little-known, and varied case studies of exile in colonial Asia and Australia, the chapters collectively offer a sweeping, contextualized, comparative approach that links the narratives of diverse peoples and locales. Rather than confining research to the European colonial archives, whenever possible the authors put special emphasis on the use of indigenous primary sources hitherto little explored. Exile in Colonial Asia invites imaginative methodological innovation in exploring multiple archives and expands our theoretical frontiers in thinking about the interconnected histories of penal deportation, labor migration, political exile, colonial expansion, and individual destinies.




The Oxford Handbook of International Law in Asia and the Pacific


Book Description

This handbook surveys how international law is applied and interpreted in the Asia-Pacific region. It explores Asia's contribution to the development of international law and whether a distinct 'Asian' approach can be perceived




Tensions of Empire


Book Description




Colonial Legacies


Book Description

It is well known that Taiwan and South Korea, both former Japanese colonies, achieved rapid growth and industrialization after 1960. The performance of former European and American colonies (Malaysia, Singapore, Burma, Vietnam, Laos, Cambodia, Indonesia, and the Philippines) has been less impressive. Some scholars have attributed the difference to better infrastructure and greater access to education in Japan’s colonies. Anne Booth examines and critiques such arguments in this ambitious comparative study of economic development in East and Southeast Asia from the beginning of the twentieth century until the 1960s. Booth takes an in-depth look at the nature and consequences of colonial policies for a wide range of factors, including the growth of export-oriented agriculture and the development of manufacturing industry. She evaluates the impact of colonial policies on the growth and diversification of the market economy and on the welfare of indigenous populations. Indicators such as educational enrollments, infant mortality rates, and crude death rates are used to compare living standards across East and Southeast Asia in the 1930s. Her analysis of the impact that Japan’s Greater Asian Co-Prosperity Sphere and later invasion and conquest had on the region and the living standards of its people leads to a discussion of the painful and protracted transition to independence following Japan’s defeat. Throughout Booth emphasizes the great variety of economic and social policies pursued by the various colonial governments and the diversity of outcomes. Lucidly and accessibly written, Colonial Legacies offers a balanced and elegantly nuanced exploration of a complex historical reality. It will be a lasting contribution to scholarship on the modern economic history of East and Southeast Asia and of special interest to those concerned with the dynamics of development and the history of colonial regimes.