This article explores the response of the postcolonial state to the question of widow immolation – sati. It demonstrates that the conversation on the practice of sati at the high point of Hindu law reform in the 1950s reflected the simultaneous pressures on the new democracy to establish rule of law while also accommodating the renewed reverence for tradition and religious custom in an independent nation state. Distinct from the colonial response to sati that treated women as either “helpless and pathetic” or “brave and valiant,” post-independence police records describe women committing sati mostly as “insane” or “not in their senses,” and yet chiefly responsible for their actions. The article contrasts administrative and parliamentary narratives of the crime. Local belief in miracles surrounding the performance of sati not only obscured the experience of the woman's suffering but also made collection of evidence in such a case particularly difficult. This rendered convictions of the abettors of such “painless suicide by insane women” weaker. Legal interventions in sati eventually prompted administrative responses to shift from emphasizing the “uncontrollability” of the spectacle to deeming the spectacle a necessary precondition in distinguishing a sati from suicide.

This article explores how the construction of the National System of Interstate and Defense Highways prompted litigation that altered the course of administrative law and governance from the 1960s onward. By that time, the construction of the interstate system had become synonymous with the destruction of neighborhoods and parks bulldozed to make way for the “concrete monsters,” as some came to call the interstates. Ensuing protests—“freeway revolts”—pressed for altered construction practices and participatory roles for citizens and communities in the state building process underway. This article explores the legal consequences of interstate highway protest, and advances two arguments. First, freeway revolts brought distinctive reforms to the practices of modern American state building, particularly when they produced the canonical Supreme Court case Citizens to Preserve Overton Park v. Volpe (1971). Second, despite the reformist inclinations present in Overton Park, the case created an unequal legal and physical landscape of state building. Contrasting Overton Park with Nashville I-40 Steering Committee v. Ellington (1967), a case dealing with racial discrimination and community destruction, reveals the mechanics of a legal regime that cemented racial and class hierarchies in place across long horizons of space and time via the interstate system's durable, nation-spanning asphalt limbs.

This article examines the enforcement of anti-miscegenation law in Progressive Era Mississippi by focusing on a series of unlawful cohabitation prosecutions of interracial couples in Natchez. It situates efforts to police and punish mixed-race families within the broader legal culture of Jim Crow, as politicians, judges, and district attorneys sought stricter enforcement of morals laws, including those barring interracial cohabitation. This article argues that the historic prerogative of white men to choose their sexual and domestic partners undermined the illegality of interracial marriage. Lynching deterred Black men from cohabiting with white women, but prosecutions for “unlawful cohabitation” did not effectively punish white men and Black women who formed lasting partnerships. This article relies on extensive research in local court records that reveal that prosecutions of white men and Black women often resulted in fines and, in many cases, had little effect on these mixed-race families. In Natchez and elsewhere, eugenic ideologies of “white racial purity” were no match for a patriarchal legal culture that gave white men leeway to ignore the law when it suited them, even amid outward denunciations of miscegenation. In Mississippi, many white men did not view relationships between white men and Black women as a clear threat to white supremacy, creating space for some interracial families to survive into the twentieth century.

Many rulers of newly formed Indian Princely States enacted substantial administrative reforms in the first half of the nineteenth century as they sought to reinforce their power and secure revenue in the wake of British colonial conquest. In one such case, the ruler of Alwar, Banni Singh, recruited Aminullah Khan, a former record-keeper in Delhi's colonial courts, to serve as diwan (chief minister) and undertake administrative reforms starting in 1838. These reforms focused on agrarian taxation, the civil courts, and the military, and included changes to the roles of local officials, methods of record-keeping, and the language of governance. The reforms were encoded in seven slim volumes of regulations and model forms, handwritten in Persian. Through a study of these regulations, I situate the reforms of Alwar's administration within Banni Singh's broader self-fashioning as a modern ruler in a Mughal mode and show how the reforms drew from both Mughal and colonial ideas of statecraft. The regulations represented a shift toward a legalistic conception of that state as seen in the ideals of good governance that they espoused, and they constructed contractual relationships among villagers, low-level officials in the districts, and the central state through the extensive bureaucratic procedures that they encoded.

Before 1859, the right of any member of the public to abate a public nuisance existed unchallenged in American law as a judicially recognized form of popular justice. In that year, the decision in Brown v. Perkins, authored by Massachusetts Chief Justice Lemuel Shaw, restricted the right to those who had suffered particular injury. The decision grew out of a suit for damages by the owner of an illegal saloon, which had been sacked by a local mob. Reversing what Shaw himself had said in his charge to the jury in the same suit in the preceding year, it had little grounding in earlier American case law. Shaw's prestige and the apparent demands of public policy, however, helped win courts over to the new doctrine in relatively short order. The change was most enthusiastically promoted by judges and scholars of conservative leanings disturbed by the threat of popular excess and most resisted by those of more radical inclinations. It paralleled American law's broader shift in the same period toward centralized regulation and the constitutionalization of rights and powers.

Colonial Latin America had the fame of being a land where lower-class people were forever suing their betters. To Latin America's popular classes, the law was an indispensable instrument for claiming rights, solving conflicts, and advancing interests. Fast-forward to the middle of the twentieth century, however, and Latin American law held a very different fame. The law was now something to be shunned. It was seen as an instrument of power, manipulated by the rich and influential. Public trust in the law was low, and support for alternative forms of justice, high. In comparison with the colonial era, we are faced with a baffling reversal. This article seeks to explain that reversal by elaborating three propositions: (P1) popular trust in the law declined because of the law's increasing formalism, particularly evident in the codification of civil and criminal law over the course of the nineteenth century; (P2) popular trust in the law declined because of the rise of patrimonial capitalism over the period of study; and (P3) popular trust in the law declined because a new generation of social rights became politicized, first under populist, corporatist regimes that arose in the region in the early and mid-twentieth century and then under the region's Cold-War military dictatorships.

Unlike whipping, which was quickly abolished following independence, India has continued to hold tightly to the noose’s rope and remains a retentionist country to our present day. Notably, though the number of executions would fall dramatically in the first decades of India’s postcolonial history, the list of crimes made punishable by death has grown ever longer in recent years. Rather than positing the continued presence of the death penalty as an anachronism ill-suited for a modern democracy, this article takes seriously the legal and discursive developments that allowed the most infamous of penal institutions to travel safely across India’s twentieth century. From something that begun as a distilled expression of racialised colonial state power, like many other state institutions during this period, the death penalty would undergo a series of changes to remain relevant amidst new organizing political principles of representative democracy and popular will. Moving from the first formal efforts at abolition in the 1920s, through constitutional assembly debates in the 1940s, and Supreme Court judgements between 1967-83, the article positions capital punishment as a product of both deep colonial inheritances, and a particular process of postcolonial translation. Becoming fully couched in the language of popular sentiment by the culmination of this legal transformation, this violence would become well-positioned to grow within a national political culture increasingly organised around majoritarian expressions of national belonging.

This essay examines the role of Indian-language documentation in the production of legality in colonial western India, focusing on the workings of the Bombay Inam Commission (1852-1863). It situates legal validation of claims to tax-free land revenue within the broader process of securing, organizing, classifying, and registering Marathi- and Persian-language documents. Combating the effects of rain, dirt, and pests on old state records often sold as “waste paper,” the Inam Commission deployed material interventions to secure a legal archive for verifying individual claims to property. While such evidence weighed heavily in the evaluation of the testimony and corroborating documents of an individual claimant’s case-file, questions of writing also shaped the legal reasoning of the Commission. Inquiries about any given document’s conformity to or deviation from conventional style figured prominently in judgments about its authenticity. The scribe Sayyid Usman’s investigation in 1856 of a date in a Persian document attributed to the Mysore ruler Tipu Sultan struggled to establish the parameters of conventional style against the plurality of entangled regimes of property. I argue that a material approach to writing allows us to better understand the imperfect and dispersed production of legal truth in imperial settings.

The 1865 Morant Bay Rebellion figures prominently in scholarship on modern Britain, colonial Jamaica, and the British Empire, as a milestone of post-emancipation protest, a turning point in British race-thinking, and a focal point for debates on martial law and British justice. This article presents a new interpretation of the rebellion’s legal and political significance. Focused on processes of formal inquiry, I argue that legal analysis reshaped the political “moral” of the event. For the rebellion’s participants and some British observers, Morant Bay challenged the practice of colonial rule. But beginning with the royal commission of inquiry called to investigate the suppression, formal inquiry displaced the systemic critique that had largely motivated the uprising. Focused increasingly on the nature of martial law and culminating in the criminal prosecution of Jamaica’s colonial governor, legal debate and analysis transformed the scandal’s moral center and turned Morant Bay into a new justification for further and more centralized imperial control. In developing these arguments, the article examines law’s capacity to read, write, and exclude competing narratives of empire. In so doing, it contributes to scholarship on scandal and legitimation, and offers a new interpretation of a seminal nineteenth-century debate on the use of martial law.

Between 1870 and 1945, the Imperial Japanese Army and Navy provided uniquely broad legal protection to subordinates who perpetrated crimes under the orders of military superiors. Legal immunity was provided not only to soldiers who obeyed orders contrary to international law, but also to those who under orders violated domestic standing legislation of the Japanese Army. This gave rise to a so-called “paradox of obedience”: while disobedience among officers was rampant, their subordinates were expected to unquestionably obey their orders, even in rebellion against the Japanese government. This mix of blatant disobedience to the system at large on the one hand, and blind obedience to immediate superiors on the other, was a remarkable feature of the Imperial Japanese armed forces. Drawing on legal codes, court cases and juridic writings, we analyze how this “paradox of obedience” encouraged mutinies as well as atrocities, especially in the 1930s and during the Asia-Pacific War.

Within India's system of plural personal laws, the rights of women in matters of marriage, divorce, and inheritance are solely based on their natal communal identity. While we see many examples of women appealing to courts to secure or improve their rights vis-à-vis personal laws, marriage outside the community has often occluded these rights completely. Marital property, inheritance, and even access to sacred space are in a gray zone of differentiated rights between natal and marital community customs. One intermarried woman, Goolrukh Gupta, sued the trust that managed the town's sacred space in the High Court to confirm her rights to enter sacred space. The Court ruled that she was removed from her natal community even though she had married under the Special Marriage Act of 1954, as she had “merged personality with her husband.” While British women's property was held under coverture through the nineteenth century, these laws were never transferred over to the Indian colony. Through the legal appeals of intermarried women, this article explores the shifting and unstable rights of intermarried women in India.

From the age of empires to the apartheid regime in South Africa, pass laws have defined the scope of the mobility of subjects by relying on a paper document, the pass. This essay focusses on the pass document to understand the governance of mobility in the Indian ocean. In doing so, it shows how the pass document in its various forms through many centuries in fact, illuminates a form of inter-legal governance through which racialized life came to be constituted via convention and statute.

Animal–human history is an increasingly popular area of historical research.1 Diana Donald's 2020 book, Women Against Cruelty: Protection of Animals in Nineteenth-Century Britain is a must-read for anyone interested in the history of animal protection and the role women have played in moral reform movements. Starting from the premise that the prevention of cruelty to animals is “a pure product of the nineteenth century” (p. 7), this dazzling book takes its reader through a wide range of important topics such as the early history of the Royal Society for the Prevention of Cruelty to Animals (RSPCA), differences between men and women's attitudes toward animals, and the role women played in humane education.2 This review will particularly highlight the way that Donald consistently attacks reductionist theses that discount the genuine concern women had for animals in the nineteenth-century British animal protection movement, and how her interpretations consistently refocus our attention on historical evidence of that genuine concern.

What did the practice of law look like on the high seas? This has been a matter of some discussion among legal historians, with the bulk of the evidence coming from encounters between European ships in the Atlantic and Asia. This article takes a different tack, taking as its starting point a series of contracts copied into the logbook of the early-twentieth century Arab dhow captain (nakhoda) ‘Abdulmajeed Al-Failakawi. Although some of these appear to have been contracts that the nakhoda entered into or witnessed, most were contractual templates that presented formulas for a variety of written obligations between members of the Indian Ocean maritime community. In reading these formulas alongside contracts left behind by Al-Failakawi and other Indian Ocean nakhodas, I reflect on how law circulated by members of an itinerant society of mariners that sought to forge the contours of a commercial world on their ships and across the waters, and weave it through an imperial seascape. I explore how workaday forms of law and legal epistemologies circulated around the maritime marketplaces of the Indian Ocean world, at the margins of a colonial and imperial political economy, through actors who read across different genres of literature, and who moved between the multiple roles of captain, navigator, supercargo, and scribe.

Not long ago, the study of comparative law in U.S. law schools was dominated by North American and European constitutional systems. Thanks to the contributions of a new generation of legal historians, including those canvassed in this special issue, the landscape is changing. In this special issue, scholars of courts and constitutions in twentieth century Afghanistan, Bangladesh, Burma, India, and Nepal have come together to share novel sources, perspectives, and analyses of significant constitutional experiments in the Global South, specifically twentieth century South Asia. This afterword reflects on these important scholarly contributions by highlighting common threads and divergences in the case studies presented in this volume—from the perspective of a legal historian of the late Ottoman Empire and modern Middle East. Ultimately, the author concludes that the articles in this special issue persuasively stamp modern South Asian legal history “on the map” not only for specialists of this large and populous region, but for students and scholars of comparative constitutionalism and global legal history more broadly.

The essays in this forum demonstrate how attending to the intricacies of documentary practice provides a way to see legal practices over the long haul. Different materials—for instance, paper and palm leaves—manifested different ways of understanding and doing law. But change from one way of doing law to another is sticky; old practices persist alongside new ones. Appreciating this helps us see past apparent ruptures in ways of living brought about by states and empires as they come and go. By looking closely at the routines and physical materials through which law works, we can look past simple binaries: European vs. indigenous; pre-colonial vs. colonial; resistance vs. accommodation; oral vs. literate; manuscript vs. print; paper vs. palm leaf.