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The Uses and Abuses of Legal Pluralism: A View from the Sideline 法律多元主义的运用与滥用:一个旁观者的视角
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-05-03 DOI: 10.1017/s0738248023000160
T. Herzog
{"title":"The Uses and Abuses of Legal Pluralism: A View from the Sideline","authors":"T. Herzog","doi":"10.1017/s0738248023000160","DOIUrl":"https://doi.org/10.1017/s0738248023000160","url":null,"abstract":"\u0000 This text takes issue with how present day debates regarding legal pluralism affect our vision of the past, as well as limit the horizons of possibilities in the future. It suggests that the genealogy of these debates determined what would be seen, and what ignored, and that, as a result, it has privileged some aspects, while forgetting the importance of others.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47442462","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Negotiating Nationhood: Constitutional Warfare, International Law, and the Birth of Bangladesh 谈判建国:宪法战争、国际法和孟加拉国的诞生
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-05-01 DOI: 10.1017/S073824802300007X
Cynthia Farid
{"title":"Negotiating Nationhood: Constitutional Warfare, International Law, and the Birth of Bangladesh","authors":"Cynthia Farid","doi":"10.1017/S073824802300007X","DOIUrl":"https://doi.org/10.1017/S073824802300007X","url":null,"abstract":"Abstract This paper argues the Government in Exile (GIE), the first government of independent Bangladesh, played an important role in framing the founding moment in legal terms. The GIE's constitutional warfare through its adherence to legalism, and subsequent internationalization of the conflict significantly shaped the independence movement of 1971. The GIE was composed of leaders who were lawyers, economists and other intellectuals who sought refuge in neighboring India. The agency of the founders and their allegiance to constitutional principles catalyzed the founding moment, oversaw the transition to an independent state and ultimately led to a swift adoption of a constitution that endures despite much instability. This national struggle of 1971 also played out in the international arena. In the process, lawyers from the so-called Third World articulated, reshaped, and generated new debates about international legal principles such as sovereignty, territoriality, and self-determination (and criterion for legitimacy of exiled governments)—most of which were considered to be well-settled at the time.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"56963554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
LHR volume 41 issue 2 Cover and Front matter LHR第41卷第2期封面和封面问题
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-05-01 DOI: 10.1017/s0738248023000330
{"title":"LHR volume 41 issue 2 Cover and Front matter","authors":"","doi":"10.1017/s0738248023000330","DOIUrl":"https://doi.org/10.1017/s0738248023000330","url":null,"abstract":"","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41757792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Law, Courts, and Constitutions in Twentieth-Century South Asia 20世纪南亚的法律、法院和宪法
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-05-01 DOI: 10.1017/S0738248023000093
Saumya Saxena, A. McClure
{"title":"Law, Courts, and Constitutions in Twentieth-Century South Asia","authors":"Saumya Saxena, A. McClure","doi":"10.1017/S0738248023000093","DOIUrl":"https://doi.org/10.1017/S0738248023000093","url":null,"abstract":"Abstract This special issue brings together scholars from multiple disciplines and with varied research and geographic expertise to study the historical role played by the law in governing the political, social, and cultural life of twentieth-century South Asia. These articles have not emerged in a vacuum, but rather build on an exciting turn in South Asian history that is placing new focus on the legal and constitutional work that accompanied the post-colonial moment. This introduction examines some of the important historiographical and methodological interventions made by scholars working in this field, before outlining the specific themes connecting the articles in this issue.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41653361","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Courts and Constitutions in South Asia and the Global South: A View from the Middle East 南亚和全球南方的法院与宪法：中东视角
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-05-01 DOI: 10.1017/S073824802200058X
faiz ahmed
{"title":"Courts and Constitutions in South Asia and the Global South: A View from the Middle East","authors":"faiz ahmed","doi":"10.1017/S073824802200058X","DOIUrl":"https://doi.org/10.1017/S073824802200058X","url":null,"abstract":"Abstract Not long ago, the study of comparative law in U.S. law schools was dominated by North American and European constitutional systems. Thanks to the contributions of a new generation of legal historians, including those canvassed in this special issue, the landscape is changing. In this special issue, scholars of courts and constitutions in twentieth century Afghanistan, Bangladesh, Burma, India, and Nepal have come together to share novel sources, perspectives, and analyses of significant constitutional experiments in the Global South, specifically twentieth century South Asia. This afterword reflects on these important scholarly contributions by highlighting common threads and divergences in the case studies presented in this volume—from the perspective of a legal historian of the late Ottoman Empire and modern Middle East. Ultimately, the author concludes that the articles in this special issue persuasively stamp modern South Asian legal history “on the map” not only for specialists of this large and populous region, but for students and scholars of comparative constitutionalism and global legal history more broadly.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41789236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
LHR volume 41 issue 2 Cover and Back matter LHR第41卷第2期封面和封底
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-05-01 DOI: 10.1017/s0738248023000342
{"title":"LHR volume 41 issue 2 Cover and Back matter","authors":"","doi":"10.1017/s0738248023000342","DOIUrl":"https://doi.org/10.1017/s0738248023000342","url":null,"abstract":"","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42807547","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Mergers and Legal Fictions: Coverture and Intermarried Women in India 合并与法律虚构:印度的婚姻与异族妇女
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-04-18 DOI: 10.1017/S0738248023000068
Leilah Vevaina
{"title":"Mergers and Legal Fictions: Coverture and Intermarried Women in India","authors":"Leilah Vevaina","doi":"10.1017/S0738248023000068","DOIUrl":"https://doi.org/10.1017/S0738248023000068","url":null,"abstract":"Abstract Within India's system of plural personal laws, the rights of women in matters of marriage, divorce, and inheritance are solely based on their natal communal identity. While we see many examples of women appealing to courts to secure or improve their rights vis-à-vis personal laws, marriage outside the community has often occluded these rights completely. Marital property, inheritance, and even access to sacred space are in a gray zone of differentiated rights between natal and marital community customs. One intermarried woman, Goolrukh Gupta, sued the trust that managed the town's sacred space in the High Court to confirm her rights to enter sacred space. The Court ruled that she was removed from her natal community even though she had married under the Special Marriage Act of 1954, as she had “merged personality with her husband.” While British women's property was held under coverture through the nineteenth century, these laws were never transferred over to the Indian colony. Through the legal appeals of intermarried women, this article explores the shifting and unstable rights of intermarried women in India.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42803521","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Oceanic Mobility and the Empire of the Pass System 海洋流动与通行证帝国制度
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-03-30 DOI: 10.1017/S0738248022000542
B. Raman
{"title":"Oceanic Mobility and the Empire of the Pass System","authors":"B. Raman","doi":"10.1017/S0738248022000542","DOIUrl":"https://doi.org/10.1017/S0738248022000542","url":null,"abstract":"Abstract From the age of empires to the apartheid regime in South Africa, pass laws have defined the scope of the mobility of subjects by relying on a paper document, the pass. This essay focusses on the pass document to understand the governance of mobility in the Indian ocean. In doing so, it shows how the pass document in its various forms through many centuries in fact, illuminates a form of inter-legal governance through which racialized life came to be constituted via convention and statute.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49292166","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
An Empire in Disguise: The Appropriation of Pre-Existing Modes of Governance in Dutch South Asia, 1650–1800 伪装的帝国:1650-1800年荷属南亚原有统治模式的挪用
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-03-01 DOI: 10.1017/S0738248022000554
A. Schrikker, Byapti Sur
{"title":"An Empire in Disguise: The Appropriation of Pre-Existing Modes of Governance in Dutch South Asia, 1650–1800","authors":"A. Schrikker, Byapti Sur","doi":"10.1017/S0738248022000554","DOIUrl":"https://doi.org/10.1017/S0738248022000554","url":null,"abstract":"Abstract This article presents an analysis of the paper- and office work at two South Asian corners in the early modern Dutch empire. The article engages with current approaches to the histories of bureaucracy and empire that emphasize the lived experience of “paperwork” in order to gain a localized understanding of what constituted empire. The article focuses on the production and use of pattas, olas, and thombos in the offices of the Dutch zamindar-fiscaal in Chinsurah (Bengal) and the Dutch disāva in Jaffna (Sri Lanka). Dutch bureaucracy in these spaces was entrenched in local practices, and created through processes of layering and blending, as evidenced by material and linguistic characteristics. The deeds and registers recorded essential aspects of life such as labor, marriage, and transactions of property, and the article shows how such paperwork mattered to villagers in Chinsurah and Jaffna. The production of the deeds and registers itself could include a public spectacle, and we argue that this performative aspect of the local bureaucracy added to the perceived relevance of the paperwork. Furthermore, through an analysis of legal cases we reconstruct the use and abuse of these bureaucracies by Dutch officials and local inhabitants, which signifies a parasitical relationship that is characteristic of so many imperial and colonial spaces. Through a focus on the local bureaucratic practices, the authors shed new light on questions about the character of the Dutch empire, where things never turned out to be exactly as they appeared at first sight.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46276775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A True Copy? Documents and the Production of Legality in the Bombay Inam Commission 一个真正的复制品?孟买印度委员会的文件和法制生产
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-03-01 DOI: 10.1017/S0738248022000372
Dominic Vendell
{"title":"A True Copy? Documents and the Production of Legality in the Bombay Inam Commission","authors":"Dominic Vendell","doi":"10.1017/S0738248022000372","DOIUrl":"https://doi.org/10.1017/S0738248022000372","url":null,"abstract":"This essay examines the role of Indian-language documentation in the production of legality in colonial western India, focusing on the workings of the Bombay Inam Commission (1852-1863). It situates legal validation of claims to tax-free land revenue within the broader process of securing, organizing, classifying, and registering Marathi- and Persian-language documents. Combating the effects of rain, dirt, and pests on old state records often sold as “waste paper,” the Inam Commission deployed material interventions to secure a legal archive for verifying individual claims to property. While such evidence weighed heavily in the evaluation of the testimony and corroborating documents of an individual claimant’s case-file, questions of writing also shaped the legal reasoning of the Commission. Inquiries about any given document’s conformity to or deviation from conventional style figured prominently in judgments about its authenticity. The scribe Sayyid Usman’s investigation in 1856 of a date in a Persian document attributed to the Mysore ruler Tipu Sultan struggled to establish the parameters of conventional style against the plurality of entangled regimes of property. I argue that a material approach to writing allows us to better understand the imperfect and dispersed production of legal truth in imperial settings.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44360035","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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