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Book
Law and identity in colonial South Asia
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ISBN: 9781107047976 1107047978 9781107256545 9781107661882 1107661889 1139862332 1139699288 113986324X 1107256542 1139861107 1139865382 1139871102 1139868950 9781139871105 9781139865388 9781139699280 9781139862332 9781139861106 9781139868952 9781139863247 Year: 2014 Publisher: Cambridge Cambridge University Press

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Abstract

"This book explores the legal culture of the Parsis, or Zoroastrians, an ethno-religious community unusually invested in the colonial legal system of British India and Burma. Colonized peoples (including minorities) often tried to maintain collective autonomy and integrity by avoiding interaction with the state. The Parsis did the opposite. From the mid-nineteenth century until India's independence in 1947, Parsis 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 intra-group 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 seem to have done so earlier or in more pronounced ways than the Parsis"-- "This was the Parsi story in a nutshell. The longer version unfolded through three overlapping revelations. The first arose from the question with which my research began: why did Parsis sue each other so frequently in the colonial courts? The Parsi population of India hovered around 100,000 in the early twentieth century, and was most concentrated in Bombay. Even there, they were only 6% of the city's population. But they were almost a fifth of the parties in the reported case law. Equally important was the fact that suits between Parsis constituted 5% of all reported cases, a rate much higher than one would expect, given their small population"--

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