By Preeti Nijhar
ISBN-10: 1851966390
ISBN-13: 9781851966394
Pressure among colonizers and the colonized lies on the middle of this research. The colonial identification was once based in line with its distinction from that of the local inhabitants and its 'dangerous' parts. legislation that have been imposed by way of colonizers have been for this reason as a lot an try and ensure their very own identification as to manage the extra risky components of a almost certainly unruly population. This, in flip, implies that rather than Victorian England being the driver at the back of colonial legislations, the opposite used to be real, with the tensions skilled in India having an instantaneous impression at the British judicial system.Primary resource fabric from either British Parliamentary Papers and colonial archive fabric is used to supply facts of felony swap and reaction. proof is gifted at the shared adventure of 'dangerous' teams of individuals in either India and in Victorian England, in addition to particular info at the prestige of South Asians in Britain. A case-study at the technique of criminalization at the Sansi in colonial Punjab offers a desirable instance of the way illegal activity will be produced via the construction of stereotypes in line with worry ('dangerousness'), and an indication of the way technological know-how and taxonomy assisted the legislation in developing Victorian and colonial identities.
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Extra info for Law and Imperialism: Criminality and Constitution in Colonial India and Victorian England
Example text
Non-Western forms were deemed chaotic, uncontrollable, disorganized, irrational and morally inept – at a different point in the evolutionary chain to the West. For example this reading of the undisciplined, the insensitive, the savage Other permeated many aspects of the West’s dealings with the non-Western. That orthodoxy was a hallmark in the fabrication of the Orient. Non-Western values and normative structures were represented in stark contrast to those of the West, as traditional, primitive and lacking the contours of modernity.
The West used social constructionist processes in significant ways, in both Victorian England and in imperial India, to categorize several groups as dangerous. Imperial labelling of the non-Western as dangerous and uncivilized, worked to give the West a context in which identities were sustained in both settings. In particular the role in the invention of dangerousness, justified and disseminated ideas of racial hierarchies as part of the imperial project. Arguably, this witnesses the unraveling of the project of the civilizing mission and the universal spread of Western scientific knowledge (see Chapter 4).
In the early nineteenth century, Western reaction, and the reality it constructed, determined who was criminalized. Colonial legal discourse eventually resulted in the bestowal upon certain groups of a criminal identity. The status of the West was sustained by the conferment of the label on the Other. However, assigning a status on the lower order could not have happened without an adjustment in the identity of the dominant party. Not merely were criminal classes, the criminal tribes and castes, given a new constructed identity but, in the same process, the definers were elevated to a new and clearer status in the social hierarchy.