South Asia, the British Empire, and the Rise of Classical Legal Thought: Toward a Historical Ontology of the Law
Faisal Chaudhry
Published:
2024
Online ISBN:
9780198916512
Print ISBN:
9780198916482
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South Asia, the British Empire, and the Rise of Classical Legal Thought: Toward a Historical Ontology of the Law
Faisal Chaudhry
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Faisal Chaudhry
Pages
29–78
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Published:
June 2024
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Chaudhry, Faisal, 'The History of British Colonial Rule in South Asia as a History of Legal Development', South Asia, the British Empire, and the Rise of Classical Legal Thought: Toward a Historical Ontology of the Law (
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Abstract
The chapter discusses the problem the book addresses by starting with a question posed by H. L. A. Hart, ‘what is law?’ In doing so, it considers how the history of British domination in the South Asian subcontinent has proven liable to be conflated with a history of legal development. It thus situates discussion of colonial rule within the context of what Austrian jurist Hans Kelsen called the problem—or for him, pseudo problem—of the duality of law and the state. It also discusses scholarship on law and history in colonial India. The chapter ends by previewing the book’s own approach to these matters through its titular concerns with historical ontology and classical legal thought, exploring the former through reference to the ideas of philosopher Ian Hacking and the French post-structuralist Michel Foucault and the latter through reference to the work of legal theorist and historian Duncan Kennedy.
Keywords: Colonial India, legal history, classical legal thought, H. L. A. Hart, Hans Kelsen, Michel Foucault, Ian Hacking, Duncan Kennedy, institutional facts, social facts
Subject
Asian History
Collection: Oxford Scholarship Online
South Asia, the British Empire, and the Rise of Classical Legal Thought. Faisal Chaudhry, Oxford University Press. © Faisal Chaudhry 2024. DOI: 10.1093/oso/9780198916482.003.0002
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