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The necessary vocabulary has not yet been created to encompass both the ‘informing spirit’ and ‘whole social order’ of British India. In part, at least, this is because research has generally concentrated on either British or Indian realms of action, rather than the interaction between them. But British colonial rule shaped a distinctive social system in India, one that drew on both British and indigenous values as well as notions of authority. This essay analyzes aspects of this colonial social order by focusing on its legal system, particularly that portion designed to deal with what the British identified as ‘extraordinary’ crime. Indeed, criminal law may be among the most revealing aspects of a social order. For, as Douglas Hay has observed for a similar elaboration of the English legal structure, ‘criminal law is as much concerned with authority as it is with property … the connections between property, power and authority are close and crucial.’ |
