LAW AND IDENTITY IN COLONIAL SOUTH ASIA

“A model of how social history stands to gain from a fuller use of legal sources.”
C. S. Adcock, American Historical Review

“An invaluable contribution…arguably the most important work to date in [Parsi studies].”

Simin Patel, Law and History Review

“ … formidably intricate story of legal change … the author has achieved something remarkable. A community and its laws are explained.”
Raymond Cocks, Journal of Legal History

Winner of the 2015 J. Willard Hurst Award
for best book in socio-legal history, Law and Society Association

LAW AND IDENTITY IN COLONIAL SOUTH ASIA
Parsi Legal Culture • 1772–1947

by MITRA SHARAFI

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 intragroup 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.

Read an excerpt here, at Bombaywallah

MITRA SHARAFI is an associate professor of Law and Legal Studies at the University of Wisconsin–Madison, with an affiliation appointment in History. Her work has appeared in a variety of scholarly journals and has been recognized by the Andrew W. Mellon Foundation, the National Science Foundation, and the Social Science Research Council in the USA.

Paperback| Rs 595| Rights restricted| Buy

Comments

THE BOOK OF INDIAN ESSAYS

Indians have been writing prose for 200 years, and yet when we think of literary prose we think of the novel. The “essay” brings only the school essay to mind. Those of us who read and write English in India might find it hard to name an essay even by someone like R.K. Narayan as easily as we would one of his novels, say Swami and Friends or The Guide . Our inability to recall essays is largely due to the strange paradox that while the form itself remains invisible, it is everywhere present. The paradox becomes even more strange when we realise that some of our finest writers of English prose did not write novels at all, they wrote essays. The anthology is an attempt at making what has always been present also permanently visible. Arvind Krishna Mehrotra • A collection of the finest essays written in English by Indians over the past two hundred years. • The Book of Indian Essays is a wide-ranging historical anthology of the Indian essay in E...

THE GREAT AGRARIAN CONQUEST by NEELADRI BHATTACHARYA

BUY THE PAPERBACK FROM THE REVIEWS Review in SOCIAL HISTORY, USA by Benjamin Siegel The Great Agrarian Conquest represents a massive intervention into the contemporary historiography of South Asia, elaborating upon some conventional wisdom but upending a great deal more of it. Readers might well place this book in conversation with works like Ranajit Guha ’ s A Rule of Property for Bengal (1963) and Bernard Cohn ’ s Colonialism and Its Forms of Knowledge (1997), to which The Great Agrarian Conquest owes some preliminary inspiration. Yet what Bhattacharya o ﬀ ers is a wholly original account of the transformation to agrarian colonialism . . . Few volumes in South Asian history have been more awaited than this monograph, Neeladri Bhattacharya ’ s fi rst. One of the most celebrated mentors and researchers at New Delhi ’ s Jawaharlal Nehru University, Bhattacharya retired in 2017 after a decades-long career. His formal scholarl...

PARTHA CHATTERJEE: THE TRUTHS AND LIES OF NATIONALISM as narrated by Charvak

"While the Covid-19 pandemic was still raging in the autumn of 2020, I found, one evening, placed outside the door of my home in Kolkata, a sealed packet. Apparently, it had been left there sometime during the day. It did not come by post or any of the courier services that usually deliver mail because, if it had, someone would have rung the bell and I was home all day. In fact, the parcel did not bear any seal or inscription except my name and address written in English script in a confident cursive style rarely seen these days. My curiosity was aroused because the package did not look like a piece of junk mail. The thought that it might contain something more sinister did strike my mind – after all, the times were not exactly normal. But something in the look of the packet persuaded me that it should be examined. After dutifully spraying the packet with a disinfectant, I unwrapped it and found, within cardboard covers and neatly tied in red string, what looked like a manuscript...

Permanent Black

Search This Blog