By Radhika Singha
This quantity offers with law-making as a cultural company during which the colonial nation needed to draw upon present 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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Extra info for A Despotism of Law: Crime and Justice in Early Colonial India
Ao In contrast, retaliation for corporal injury was viewed as a private right. So the plaintiff or 76 Progs ofRB, 19 September 1788, BRC P/51127, 28 November 1788, p. ipur adalat stated that there was no fixed punishment in Islamic ,or Hindu law for the crime, but he was 'worthy of the severest kind ofTazeer, that is to lose his hands or fingers'. 1788, in BIINlrIlS Ilffairs, J, 1955, p. 110. , pp. 377-9,411. , p. 368. The law officers of the Banaras adalat said that amputation was inappropriate to this case and cutting the nose was not permissible at all.
Jronically, this concession introduced a certain ambivalence into the principle of equality before the law. The oath, . meant to provide a· standardizing procedure for invoking legal obligation, became a sort of test of rank. The imposition of an oath of office to encourage professional probity among the judicial. personnel of the courts also raised contrc,wersies over rank. Ali Ibrahim may have been reluctant to submit to a ·ceremony which placed him so publicly in subordination to the ; U CPC, vol.
91, p. 3. IOL. ir: courtiers, those used to attending upon the great; gharaiyl1J: householders, cultivators. 12 Civil Authority and D~ Process 41 a "document relying on I eyewitness testimony. IS A surathal investigating a homicide, or some local disturbance would typically read this way, 'the men were apprehended and sent up to the resident with a surathal from the naib of the ami! based on testimony from the chaudhries; canungos and headmen ... 16 This document certainly prOvided background information and established that a complaint had some foundation.
A Despotism of Law: Crime and Justice in Early Colonial India by Radhika Singha