Colonial Justice in British India describes and examines the lesser-known history of white violence in colonial India. By foregrounding crimes committed by a mostly forgotten cast of European characters - planters, paupers, soldiers and sailors - Elizabeth Kolsky argues that violence was not an exceptional but an ordinary part of British rule in the subcontinent. Despite the pledge of equality, colonial legislation and the practices of white judges, juries and police placed most Europeans above the law, literally allowing them to get away with murder. The failure to control these unruly whites revealed how the weight of race and the imperatives of command imbalanced the scales of colonial justice. In a powerful account of this period, Kolsky reveals a new perspective on the British Empire in India, highlighting the disquieting violence that invariably accompanied imperial forms of power.

Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.

Bernard Cohn's interest in the construction of Empire as an intellectual and cultural phenomenon has set the agenda for the academic study of modern Indian culture for over two decades. His earlier publications have shown how dramatic British innovations in India, including revenue and legal systems, led to fundamental structural changes in Indian social relations. This collection of his writings in the last fifteen years discusses areas in which the colonial impact has generally been overlooked. The essays form a multifaceted exploration of the ways in which the British discovery, collection, and codification of information about Indian society contributed to colonial cultural hegemony and political control. Cohn argues that the British Orientalists' study of Indian languages was important to the colonial project of control and command. He also asserts that an arena of colonial power that seemed most benign and most susceptible to indigenous influences--mostly law--in fact became responsible for the institutional reactivation of peculiarly British notions about how to regulate a colonial society made up of "others." He shows how the very Orientalist imagination that led to brilliant antiquarian collections, archaeological finds, and photographic forays were in fact forms of constructing an India that could be better packaged, inferiorized, and ruled. A final essay on cloth suggests how clothes have been part of the history of both colonialism and anticolonialism.

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.

The Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence on a regime of conquest. Nasser Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality. The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.

Contentious Traditions analyzes the debate on sati, or widow burning, in colonial India. Though the prohibition of widow burning in 1829 was heralded as a key step forward for women's emancipation in modern India, Lata Mani argues that the women who were burned were marginal to the debate and that the controversy was over definitions of Hindu tradition, the place of ritual in religious worship, the civilizing missions of colonialism and evangelism, and the proper role of the colonial state. Mani radically revises colonialist as well as nationalist historiography on the social reform of women's status in the colonial period and clarifies the complex and contradictory character of missionary writings on India. The history of widow burning is one of paradox. While the chief players in the debate argued over the religious basis of sati and the fine points of scriptural interpretation, the testimonials of women at the funeral pyres consistently addressed the material hardships and societal expectations attached to widowhood. And although historiography has traditionally emphasized the colonial horror of sati, a fascinated ambivalence toward the practice suffused official discussions. The debate normalized the violence of sati and supported the misconception that it was a voluntary act of wifely devotion. Mani brilliantly illustrates how situated feminism and discourse analysis compel a rewriting of history, thus destabilizing the ways we are accustomed to look at women and men, at "tradition," custom, and modernity.