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Since the economic reforms of the 1990s, India's economy has grown rapidly. To sustain growth and foreign investment over the long run requires a well-developed legal infrastructure for conducting business, including cheap and reliable contract enforcement and secure property rights. But it's widely acknowledged that India's legal infrastructure is in urgent need of reform, plagued by problems, including slow enforcement of contracts and land laws that differ from state to state. How has this situation arisen, and what can boost business confidence and encourage long-run economic growth? Tirthankar Roy and Anand V. Swamy trace the beginnings of the current Indian legal system to the years of British colonial rule. They show how India inherited an elaborate legal system from the British colonial administration, which incorporated elements from both British Common Law and indigenous institutions. In the case of property law, especially as it applied to agricultural land, indigenous laws and local political expediency were more influential in law-making than concepts borrowed from European legal theory. Conversely, with commercial law, there was considerable borrowing from Europe. In all cases, the British struggled with limited capacity to enforce their laws and an insufficient knowledge of the enormous diversity and differentiation within Indian society. A disorderly body of laws, not conducive to production and trade, evolved over time. Roy and Swamy's careful analysis not only sheds new light on the development of legal institutions in India, but also offers insights for India and other emerging countries through a look at what fosters the types of institutions that are key to economic growth.

Law --- British Indian law. --- Raj. --- commercial contracts. --- corporate law. --- imperial. --- India --- Economic policy. --- Economic conditions. --- History

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Ultimately, Justice in a New World offers both a deeper understanding of the transformation of notions of justice and law among settlers and indigenous people, and a dual comparative study of what it means for laws and moral codes to be legally intelligible. Europeans and natives appealed to imperfect understandings of their interlocutors' notions of justice and advanced their own conceptions during workaday negotiations, disputes, and assertions of right. Settlers' and indigenous peoples' legal presuppositions shaped and sometimes misdirected their attempts to employ each other's law. Natives and settlers construed and misconstrued each other's legal commitments while learning about them, never quite sure whether they were on solid ground. Chapters explore the problem of "legal intelligibility": How and to what extent did settler law and its associated notions of justice became intelligible--tactically, technically and morally--to natives, and vice versa? To address this question, the volume offers a critical comparison between English and Iberian New World empires. Chapters probe such topics as treaty negotiations, land sales, and the corporate privileges of indigenous peoples. . A historical and legal examination of the conflict and interplay between settler and indigenous laws in the New WorldAs British and Iberian empires expanded across the New World, differing notions of justice and legality played out against one another as settlers and indigenous people sought to negotiate their relationship. In order for settlers and natives to learn from, maneuver, resist, or accommodate each other, they had to grasp something of each other's legal ideas and conceptions of justice.This ambitious volume advances our understanding of how natives and settlers in both the British and Iberian New World empires struggled to use the other's ideas of law and justice as a political, strategic, and moral resource. In so doing, indigenous people and settlers alike changed their own practices of law and dialogue about justice. .

Indians --- Colonies --- Legal status, laws, etc. --- History. --- Law and legislation. --- United States --- Amazon basin. --- Andean litigants. --- Bacon’s Rebellion. --- British settlers. --- Cockacoeske. --- Columbian elites. --- English justice. --- English law. --- Iberian New World. --- Indian law. --- Indian rights. --- Iroquois. --- John Wompas. --- Latin America. --- Nipmuc. --- Portuguese colonists. --- Spanish colonization. --- Spanish law. --- Spanish policy. --- Virginia House of Burgesses. --- Virginia law. --- agricultural leases. --- autonomy. --- blood feud. --- colonial discourse. --- colonial rule. --- communal rights. --- community identities. --- conversion. --- corporate autonomy. --- empire. --- ground law. --- historical actors. --- imperial legalities. --- indigenous groups. --- indigenous litigants. --- indigenous peoples. --- jurisdiction. --- justice. --- land rights. --- land transactions. --- legal concepts. --- legal contest. --- legal practices. --- legal structures. --- legal system. --- legal systems. --- liberal elites. --- local alliances. --- queen of Pamunkey. --- rhetorical traditions. --- sovereignty. --- strategic behavior. --- treaty negotiations. --- tributary system. --- vassalage. --- American