A Despotism of Law: Crime and Justice in Early Colonial - download pdf or read online

By Radhika Singha

ISBN-10: 0195653114

ISBN-13: 9780195653113

This quantity bargains with law-making as a cultural company 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 unique definition of the state's sovereign correct.

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92, n. 72. ss Paper of requests from Lala Buksh Singh, in RB to GG in C, 31 March 1788, BRC P/SlII9, 11 April 1788, p. 304. ) Bmgal Ntrwahs, 19S2, pp. IS, 19,24,26. Also Abu Talib, Ttifzihi,'1 Gbtifilin (trans. W. Roey, 188S), reprint, 1974. ' . M. Khan, The trtmSitian in Bmgal, 19f9. Reza Khan opposed the association of pandits with lcazis and mUftis in :he courts, arguing in effect '" that it was the Islamic law which must be 25sociated with the image of rule. Cf. 'translation ofa memorial from the Nail> Diwan Muhammed Reza Khan' in ON.

RB to GG in C, II January 1789, BRC P/51132, 4 February 1789, p. 168. Cornwallis drew UpOl1 this correspondcllce to frill11l: some of the arguments on which he outlined the judid;ll 'reforms' of 17f)(), nRC P/52123, 3 December 1790, p, 219. Bri -ish collectors in Bengal proper at the time were not supposed to interfere in the faujdari lldalats superviscd by the Naib Nnim, Muhamln;l(1 Reza Khan, In practise they intcrvcncd in tri;l(s hm Ihcy h;ld no fOrlml illithority lO do so. '~t:d,'·~·'-"'l'· I f Jt I ~ 1 ; < t :t -I ~~ Courts, and to reduce the weight of negotiations between P'aintiff lind offender in the fonnal procedure of the trial.

L34 Lord Moira would describe this procedure as 'an anomaly ... ,n; JlI) Commr Bakarganj, pp. 324--5; Gaya magistrate, pp. 513~1 5 criticizing the too frequent use of perpetual imprisonment; ibid. 131 Cornwallis abolished the faujdari courts and substimted Courts of Circuit with two covenanted servants of Company as judges, assisted by a kazi and a mufti. Thereafter each case was tried at two levels, first by the kazi and the mufti according to the Islamic law, then by the British judges who had to consider whether the fatwa was 'in consonance to NamralJustice and at the same time in conformity to Mahomedan Law under the already proposed modifications', If the judges disapproved, then the trial was to be referred to the Nizamat Adalat.

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


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